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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:
HelenaDove · 26/09/2018 18:26

Exactly Portia

user1484830599 · 26/09/2018 18:32

There was a case very similar on the bbc1 morning show council house crackdown last week. In that case the original tenant died, after subletting the property for 26 years, and the subletting tenant then tried to pretend to be them (but was quickly found out).

I have some sympathy for your predicament O/P but you've deprived someone on the housing list of a property and that isn't right. Unfortunately it wasn't your friends to just give away as they saw fit. You can't just give away something that doesnt belong to you. It's only fair that the HA want their property back. Think yourself lucky you've had 22 years.

Im actually surprised Shelter are entertaining helping you, are you sure you have given them the full story?

needsahouseboy · 26/09/2018 18:33

Well one woman was dead in her HA flat for three years before they found her. I can well believe this.

You’ve committed fraud and deprived people the right to a flat but you want to be housed???

Bombardier25966 · 26/09/2018 18:35

I'm not aware of any HAs that allow subletting. Perhaps Bluetits is thinking of allowing a lodger, which is completely different.

Am also thinking this is nonsense, and can't see that the OP has returned to give further details.

HelenaDove · 26/09/2018 18:42

wonder how they did the gas safety checks in that time houseboy.

HaroldsSocalledBluetits · 26/09/2018 18:43

Mine allows subletting. It's in my tenancy agreement that I can do it but have to get permission.

Seriously, do none of you know anyone else who's done this. Shit, my friends are dodgier than I thought.

HelenaDove · 26/09/2018 18:49

"tried to pretend to be them (but was quickly found out)"

Exactly it didnt take 22 years.

And its funny how we never get programmes about tenants who dont do these things There are plenty of them.

Bicyclethief · 26/09/2018 18:54

But people don't cheat the systems...

spinabifidamom · 26/09/2018 18:56

Seriously? Are you willing to answer some more questions?

What makes you think this is a good idea? Who’s responsible for rent? Are you on benefits or not? Where does the so called friend live? Whose name is on the paperwork? How come nobody suspected anything for years?

Why did you do it in the first place? I hope you have learned a lesson from this. Contact a lawyer pronto.

HaroldsSocalledBluetits · 26/09/2018 19:06

I can't believe you think it doesn't happen. It's rife in London. I also don't think it's a big deal as long as the original tenant doesn't overcharge. Private renting is ridiculous. If secure homes aren't available then why wouldn't people take matters into their own hands? No bugger else is going to give you an affordable and relatively secure home. As for how you deal with contractors and the like, just say you're not the tenant if they ask. Contractors don't care. It's vanishingly unlikely that anyone from the HA would require a face to face meeting after the initial tenancy was set up.

HelenaDove · 26/09/2018 19:15

And organisations sometimes get things wrong Bicycle.

www.bbc.co.uk/news/uk-england-essex-45653959

HelenaDove · 26/09/2018 19:16

"A council has been made to apologise for wrongly accusing a woman benefit fraud and deducting her payments.

The woman, who has mental health and mobility problems, was caused "anxiety and stress" by Basildon Council, the Local Government and Social Care Ombudsman said.

The council incorrectly sent out a press release naming the woman as a benefit cheat in November 2014 which led to her being named in the media.

It will pay her £150 in compensation.

The woman, referred to as Mrs F by the ombudsman, complained that as a result of the council's "harassment" she was forced to leave her property.

In 2013 the council found Mrs F had been overpaid benefits by £11,840 and eventually passed her details on to enforcement agencies.

In November 2014 the woman was found guilty of making a false representation in a Right to Buy application form but not guilty of failing to notify a change of circumstances in relation to housing benefit.

However, the council sent out a press release stating she had been found guilty of benefit fraud before recalling it hours later

After Mrs F had left the council's area she incorrectly had deductions taken from her benefit payments in 2017, despite having agreed a debt relief order to pay back the money.

She made an initial complaint in 2017 which the ombudsman found was not handled in line with the council's procedures.

A Basildon Council spokeswoman said: "The ombudsman found fault on three parts of Mrs F's complaint and the council accepts the judgement and also apologises for any distress caused"

Bicyclethief · 26/09/2018 19:32

HelenaDove of course they do make mistakes and these are terrible but this doesn't mean people don't cheat the systems.

Johndoe10 · 26/09/2018 19:38

Wow I think the OP is getting a hard time.

She was paying the housing directly and it’s been a very long time.

op Quickly get a case worker and try and get it to court. If you can show the amount of time you have been paying the HA directly I’m sure it will go in your favour.

HelenaDove · 26/09/2018 19:41

Bicycle that was a bit more than a mistake. One rule for one and another rule for the other it seems.

user1484830599 · 26/09/2018 19:50

Entirely different scenario in that case!

Unfortunately paying a HA directly will not go in any favour. The O/P isn't the tenant and as such has no right to be in the property. This is tenancy fraud, plain and simple.

Bicyclethief · 26/09/2018 19:54

HelanaDove yes I agree but it's a fact that people cheat the system.

As for the OP, she might be getting a hard time but she has enjoyed 22 years of subsidised rent and has deprived someone else who has gone through the proper channels and might be more in need.

HelenaDove · 26/09/2018 20:25

"subsidised rent"

Aaaaaaaaaaaaaand there it is.

HaroldsSocalledBluetits · 26/09/2018 20:27

Firstly, HA rents aren't subsidised. HAs are profit making organisations. They have plenty of money. Secondly, the OP needs somewhere to live. We all do. She lived somewhere and paid rent. That is the definition of what property is supposed to be for. Thirdly, the current housing crisis brought about by forty years of failed housing policies, is not the OP's responsibility. She was doing what she could to protect her own interests in a system that failed to offer her a decent affordable home by any other means. I have absolutely no problem with people doing so in the face of wilful, continued and endemic failure. And I say that as a HA tenant.

HelenaDove · 26/09/2018 20:32

" someone else who has gone through the proper channels and might be more in need"

Im sick of social housing haters pretending to give a shit about this when the fact is that when a needy family have been living in SH for a while you will be saying the same about them..............that they are enjoying "subsidized rent"

HaroldsSocalledBluetits · 26/09/2018 20:38

Yy and no longer desperate so should move on ... or if they're working they should move on so someone on benefits can have it ... but then all benefits claimants are scroungers and better off than not working and all you need is a bent doctor and and and .... I work and pay taxes. A fair bit of my wages goes on rent to a social housing provider. I put back into the pot for what I have with money I've gone out and earnt myself. I like it this way. It means that I feel I contribute usefully. How much better would it be if all tenants could do likewise, and feel likewise, rather than earning to line the pockets of private individuals who would turf you out soon as they can?

InfiniteSheldon · 26/09/2018 20:38

She's a thief who's deprived a genuine tenant in need. Anyone subletting their council or HA property should for prison.

HaroldsSocalledBluetits · 26/09/2018 20:42

How is she not a genuine tenant? She paid rent. Paid it for 22 years. She's more than likely reimbursed the entire cost of building the property and then some. As for not being in need, we all need somewhere to live.

Artbum · 26/09/2018 20:59

OP I have sent you a PM