Ok-so facts are:
1-Assured Shorthold agreement started in June 2015- contains NO END date but told by Housing Association can stay in property upto April 2017
as that is when the Housing associaton lease with the third party owner expires- and Housing Associaton need possesion by April 2017.
2- In September 2015 Section 21 notice servced by Housing association giving two months notice requiring possesion- we questioned this and told by Houing
association we DO NOT REALYLY want you to vcate in two months from september 2015 (despite the notice aying we do) – you can of course still stay till April 2017, we just however issue such section 21 notices to protect the Housing Associsation position etc – in case you refuse to vacate in April 2017.
3- Now jump forward to present day- November 2016- receive County Court application for possesion order -such orders if granted allow Housing association possession rightsin around 28 days but no less than 42 days -so well before April 2017 in any event.
Ask Housing Association why on esrth issued Court proceedings and told following:
a) You can of course still stay/reside in property till around April 2017 – even though the application
for a possesion order before Court would give us a Court order giving the Housing Associsation possesion rights much sooner
than the agredd later date to leave of april 2017.
b) we apply now for these avabced powers of possesion just in case you don’t leave at the later agreed time of April 2017.
Surely this is an abuse of the Court process by the Housing association ( and in principle misleads the Court) and
causes a tensabt who has done no wrong and who intends to stick to what has been agreed (and is still agreed) to leave/vacate by April 20170 to have a Court
Order against their name, when no such Court order is needed and or justified, and such an order may adversly affect the tenants credit rsting etc etc?
Any feedback and advise would be appreciated