council housing

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kallis3

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Post by kallis3 » Tue Sep 23, 2008 4:48 pm
But can he be served with a notice to leave if it is just his name on the deeds and the mortgage?

She also works a late shift, and so any viewings could be arranged for the evenings when she is not there. I get the impression that this is the sort of thing he would do.

LD, if it means you moving into the town to sort yourself and your kids out, then I would do it. Yours and their welfare are the main priority. The older one will understand what is happening, but the younger one isn't old enough to fully know what is going in, and she needs to be protected.
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Skippy

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Post by Skippy » Tue Sep 23, 2008 5:05 pm
I don't know but I wouldn't have thought that if the house is in his name that he could be served with a notice to leave. I know it's not the case here, but it could cause all sorts of problems in some instances - vindictive wife gets hubby thrown out of house etc.

I agree with Kallis, if it means moving to town to get away from him then you really need to think about it. Surely a move would be better than living in the situation you're in at the moment.
 
 

kallis3

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Post by kallis3 » Tue Sep 23, 2008 5:12 pm
My thoughts exactly. I'd be out the door as soon as I could so me and the kids could be happy and not living in an atmosphere.
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greedfighter

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Post by greedfighter » Tue Sep 23, 2008 5:15 pm
Im not a law expert (but work around that sort of area).

As far as I am aware under s33 and s35 of the Family Law Act a former spouse with no legal entitlement to occupy a marital property can apply for an occupation and exclusion order (against the former spouse who does have a right to occupy )providing she can establish that she as an interest in the property or matrimonial home rights.

Best to check with an expert though.
Last edited by greedfighter on Tue Sep 23, 2008 5:37 pm, edited 1 time in total.
 
 

kallis3

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Post by kallis3 » Tue Sep 23, 2008 5:18 pm
I definitly think that a visit to the CAB, or a free half hour consultation with a solicitor is in order.
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look_divine

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Post by look_divine » Tue Sep 23, 2008 9:47 pm
my mum is 70 and she looks after my daughter till i get home sometimes mother in law does how long for i dont know, there is no way i could move into the town which is 12 miles away
 
 

geoff.g

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Post by geoff.g » Wed Sep 24, 2008 10:23 pm
hi there are many laws which you could explore on this, but it will involve you taking the matter to a solicitor and it may cost a packet, thats why this thing happens everyday and people get away with it.

Here are the facts you are not the ownwer of the house and it's sold under your feed. You are not then intentioaly homeless and under the housing act the local authority where you are ordinarliy resident have a duty of care for you and the children. They cannot get out of that as its the law, even it they have no properties to offer you they have to find provision for you. It could be they house temporarily in a hostel of their choice.They may even offer you a property knowing you will turn it down, be carefull here as thewy could then discharge duty on you, which you would then have to appeal.

You need to gather as many points as you can, with doctors support, fleeing domestic abuse, makes you priority any disabilities are helpful. Avoid living with friends or relatives as you will not move forward and you are not considered a priory case as you have roof over your heads.
Remember housing departments are crafty and will not want the expense of temporary housing.

Shelter employ solicitors that are free you can make an appointment with them, but they will not see you if you already have a solicitor. Sheters solitors scare housing departments, so get them on board if you can.

Have you had a homeless interview yet or have you just applied for housing?
www.shelter.org.uk

Good luck keep in touch
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look_divine

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Post by look_divine » Wed Sep 24, 2008 11:22 pm
i filled in the housing form and put everything in the comment box that i could possibly fit in
i have been to the housing officve twice as i was told they dont do home visits no more or private interviews I had to wait in the queue with everyone else, after the wait i was told the same thing, i dont have any points what so ever, dont get any even for living in the village already, whihch i hear are called community points
im not classed as homeless as i have adequate housing for me and the kids so the lady says, adequate living space may i add not the situation, the thing is geoff i thought you would of gotten points for the way things are here, other words grin and bear it and get on with it was what she said basically
so where i go from here i dont know, local councillor states in email she would forward my email to the housing lettings dept, as i replied to her good luck they havent replied to my 3 emails yet
sooooooo im waiting to see what happens there
all in all im in the **** basically :)
 
 

greedfighter

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Post by greedfighter » Thu Sep 25, 2008 8:04 am
You should follow Kallis advice and see the CAB or a Solicitor,

Solicitors do still offer a free initial consultation (check first) and will ascertain wether your circumstances/case can be Publicly Funded (formerly legal aid).

I would forget about the hosuing department for now since they are only likely to advise you what is in their own best interests. Get independent advice and I suggest you do this quickly since any delay may erode any rights that you have (i.e you might be seen to have 'accepted' your situation).

Best of luck.
 
 

look_divine

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Post by look_divine » Thu Sep 25, 2008 9:54 pm
ok i got a reply off the councillor today, she said this is the reply she got
"Councillor
Gemma one of our Housing Options advisors spoke to this lady briefly on the phone on or about the 10/09/08. She said that she was experiencing some housing problems but did not go into detail. I advised her to come and see a housing options advisor at the Town Hall during which we could discuss her situation thoroughly.

She said she had tried to come in and see us but there was a queue and she couldn't wait. She stated that she works at the XXX and starts about 10 o'clock. I said perhaps if she came down at 9 in the morning she would be seen almost straight away. She said she would call in that Friday 12/09/08 and d as Gemma was on duty that day she made a note to look out for her but Mrs XXX did not come in.

Gemma will ring her again to see how we can assist"

now i have been to the council offices 3 times, yes i admit twice i wasnt seen as the queue was horrendous and i had to be in work
went i think was last thursday,psoke to a lady who was not at all pleasan or helpful
so my reply to the councillors email was
do they not make a note on the computer system when someone does attend? as I went in last thursday
so what you think of that one?
 
 

look_divine

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Post by look_divine » Thu Sep 25, 2008 9:56 pm
may i just add that i told her i started at 12pm not 10am
geeshus :(
 
 

look_divine

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Post by look_divine » Fri Sep 26, 2008 10:02 pm
housing officer phoned me this morning apparently the person i spoke to when i went into the housing office wasnt the right person, sooooooooo have a appointment next thurs 10am to see the correct housing officer
get those fingers crossed :)
 
 

Dominic

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Post by Dominic » Sun Sep 28, 2008 12:41 pm
Good luck
 
 

Wizzard

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Post by Wizzard » Sun Sep 28, 2008 2:06 pm
Good for you LD ... keep us posted we have all got our digits crossed for you xx
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Julie

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Post by Julie » Sun Sep 28, 2008 5:43 pm
Hope they sort something out for you LD, try to keep strong xx
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