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Original poster

Housing Association eviction

59 replies

rtrending · 23/09/2018 18:32

Hello. In 1996 I moved into a Housing Association flat after a friend of mine offered me the place. Since then I have been paying rent to the HA, under her name.

About two months ago I received a letter from the Housing Association addressed to her, indicating that they understood that she was no longer living at the flat, and planned to evict her. I went to the HA and explained the situation, and the length of my tenancy as an occupier. The employee for the HA told me that they have no obligation to rehouse me and that they would be proceeding with the eviction.

I have now received a letter confirming this decision and providing me with two weeks to respond. I have spoken to Shelter, and they have advised me to get a caseworker, but I wonder if anyone here has any advice. I would like to stay in the flat if possible, since I have lived there for 22 years. But I would also be happy if it were possible to make a case that the Housing Association should transfer me to alternative accommodation.

Any advice much appreciated!

OP posts:
HoleyCoMoley · 23/09/2018 20:03

Did your friend have the authority to hand the flat over to you, were you entitled to live there in housing association prooerty, and why are you paying the rent under her name.

Fucksgiven · 23/09/2018 20:06

I think the deception negates any rights you may have otherwise acquired but I'm not a lawyer so if you think lying for 22 years deserves reward then seek advice

LIZS · 23/09/2018 20:10

So your friend has sublet it to you? Did she seek and have permission to do so, or pretend to be living there with you. Where has she been living in the meantime?

madvixen · 23/09/2018 20:11

Why should the HA rehouse you given that you had no right to be there in the first place?

HoleyCoMoley · 23/09/2018 20:12

Did you ever have your name put on the tenancy agreement , you need legal advice.

Burp1 · 23/09/2018 20:14

You've committed fraud and think you should be able to stay? Have I missed something?

Hwory · 23/09/2018 20:14

You realise it’s illegal to sublet a social housing tenancy? Why the hell would they rehouse or give the property to you.

GeorgieTheGorgeousGoat · 23/09/2018 20:16

They have no duty to anyone who is committing fraud!

SassitudeandSparkle · 23/09/2018 20:19

As I'm sure you already knew OP, this is fraud - you will both be lucky if your eviction is all that happens here.

MistressDeeCee · 23/09/2018 20:19

Is there any reason you may be in priority housing need, OP? Age, ill health, any other circumstances?

If so, pursue that. Shelter will advise you. If not then I'm afraid HA have no obligation to rehouse you, as you aren't their tenant.

In any event if you were in priority housing need you'd have to present at local authority Homelessness Dept, not to the HA.

I'm assuming as you've been there so long it's an Assured, as opposed to Assured Shorthold tenancy. In which case there could well be a clause in tenancy agreement allowing your friend to have a lodger. Where is your friend...?

You should have spoken to Shelter before you spoke to HA. It's done now though so get on to Shelter again see what advice they can offer on your current circumstances as they stand

WaitroseCoffeeCostaCup · 23/09/2018 20:22

I thought I'd seen it all Confused

Brokenmyankleandfoot · 23/09/2018 20:23

You want rewarded for committing fraud for 22 years? Wow.

AJPTaylor · 24/09/2018 20:45

Cheeky fucker. You and your friend have deprived the HA of correctly allocating the flat for 22 years and you want to know your rights. I hope you both get the book thrown at you.

Stuckforthefourthtime · 24/09/2018 20:50

When you hear from other people desperate for a HA property and families living crammed into unsuitable, expensive private rentals, do you ever connect it to your own fraud? Assuming this is real,you're lucky if eviction is as far as it goes.

Whatififall · 24/09/2018 20:58

You’ve been subletting. It’s illegal to sublet a social housing tenancy. You’ve committed fraud for 22 years. The HA will have no duty to house you due to length of time you’ve lived there as you haven’t lived there, your friend has, it’s in her name not yours so you have no rights.

Bluelonerose · 24/09/2018 21:01

What happened when you needed a repair did you phone up pretending to be her? I don't understand how this has happened? Confused

Mc180768 · 26/09/2018 15:59

I'm not a lawyer, however, I work in housing for people excluded from mainstream housing options.

OP, perhaps you could answer a few questions then we can find the best way to assist.

Your friend has allowed you to stay in the property and you've paid the rent to the HA, directly? If this is the case, how has the HA not picked up on this? Also, rent statements, annual rent increases/decreases service charges, etc must have been sent to the property? Please clarify.

With regards to council tax, whose name is on the bill?

Are you claiming any housing benefit?

Are you on the electoral register?

22 years is a long time and it's a form of sub-letting yes, but have you at anytime applied to be an occupier? Gas safety checks annually?

And where is your friend?

Armchairanarchist · 26/09/2018 16:05

Unfortunately, your friend had absolutely no right to hand you the property. I think you'll already know it was illegal and they were committing fraud. Unless you were on the rent book before the friend moved out they have no obligation to you. I'm astounded you've got away with it so long.

Someonehelpmi · 26/09/2018 16:09

Really?

HelenaDove · 26/09/2018 18:10

This thread is bullshit. You will have had repairs , gas safety checks and repairs, surveys etc done in that time. And your friend will have left a paper /digital trail elsewhere

I think this thread has been started for dubious reasons.

HaroldsSocalledBluetits · 26/09/2018 18:15

I know a couple of people who have done similar, including being in for contractors and so on, so I wouldn't discount the thread as bullshit. Also, HA tenancies can allow for subletting and often do. Different to council. As for depriving families, the property was occupied, not standing empty being wasted.

FishesThatFly · 26/09/2018 18:17

Why have they suddenly caught up with her now 🤔

PortiaCastis · 26/09/2018 18:23

This is very odd, nobody knew for 22years?

PortiaCastis · 26/09/2018 18:23

This is very very odd

HaroldsSocalledBluetits · 26/09/2018 18:25

Someone's grassed you/your friend up, OP.

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