Discussion! Forfeiture and Assured Tenancies

[Openlaw15]

Di, the Tribunal Judge upheld my appeal as it was clear the Council was negligent.

They applied the 'notional capital rule' (S49?) and made the error of ignoring the S49 2 (b) which clearly states that money derived from a personal injury was exempt...which was what was argued all along. I did everything within the rules and the council stuffed up.

I should never have been investigated, prosecuted and nor should I have had my benefit stopped/suspended.
As a direct result of this incompetence, ....I now have a suspended repossession order against me AND have to pay costs. I did prepare a letter/paperwork to present to the Council, but ill health has meant that it has not yet been delivered

The County Court has discretion to suspend a possession order once it's been granted, up to 6 months. If the land lord used his 'peaceable entry' powers, it's an automatic 6 months suspension.

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Di, the Tribunal Judge upheld my appeal as it was clear the Council was negligent.

They applied the 'notional capital rule' (S49?) and made the error of ignoring the S49 2 (b) which clearly states that money derived from a personal injury was exempt...which was what was argued all along. I did everything within the rules and the council stuffed up.

I should never have been investigated, prosecuted and nor should I have had my benefit stopped/suspended.
As a direct result of this incompetence, ....I now have a suspended repossession order against me AND have to pay costs. I did prepare a letter/paperwork to present to the Council, but ill health has meant that it has not yet been delivered

Did you have a lawyer, if you didn't have a lawyer they should not issue a costs order. When you say costs, I actually think you just mean the cost of the hearing rather than their lawyers' fees right?

[Diana M]

Re: Suing the Council for wrongful prosecution.

The County Court has discretion to suspend a possession order once it's been granted, up to 6 months. If the land lord used his 'peaceable entry' powers, it's an automatic 6 months suspension.

I will put this as diplomatically as I can, but what you say makes no sense at all and is not relevant to the OP's current issue.

The OP already has a Suspended Possession Order.

Di

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

I will put this as diplomatically as I can, but what you say makes no sense at all and is not relevant to the OP's current issue.

The OP already has a Suspended Possession Order.

Di

"I now have a suspended repossession order against me"

You can put it an diplomatically as you want. I think what I said was very apt. Suspended Possession Order means suspended for a duration, usually 4 weeks. However, the Op can keep asking for a Suspended Possession Order to be suspended for longer depending on how long it s was suspended for initially. Look at it another way, how does the person know how long the Order has been suspended for unless they're given a period of time? This is the same where a person has a mortgage, they can suspend a Suspended Possession Order for some duration. It's called rights at equity, what you probably have no idea about.

[Diana M]

Re: Suing the Council for wrongful prosecution.

I think what I said was very apt. Suspended Possession Order means suspended for a duration, usually 4 weeks. However, the Op can keep asking for a Suspended Possession Order to be suspended for longer depending on how long it s was suspended for initially. Look at it another way, how does the person know how long the Order has been suspended for unless they're given a period of time? This is the same where a person has a mortgage, they can suspend a Suspended Possession Order for some duration. It's called rights at equity, what you probably have no idea about.

Who says a Suspended Possession Order is usually only suspended for 4 weeks? What utter nonsense. Who says a SPO can only be suspended for a defined period of time?

A SPO is suspended until the Order is breached.

I'm aware of a SPO which remained suspended for 12 years when the owner of the property sold it for three times what they paid for it and lived happily ever after. The terms of that Order were that it would remain suspended indefinitely on condition the monthly payments were paid plus £x towards the arrears.

As for the last sentence in your post ? I'm not going to even dignify that with a response except to quote: "in order for you to insult me I would first have to value your opinion"

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Who says a Suspended Possession Order is usually only suspended for 4 weeks? What utter nonsense. Who says a SPO can only be suspended for a defined period of time?

A SPO is suspended until the Order is breached.

I'm aware of a SPO which remained suspended for 12 years when the owner of the property sold it for three times what they paid for it and lived happily ever after. The terms of that Order were that it would remain suspended indefinitely on condition the monthly payments were paid plus £x towards the arrears.

As for the last sentence in your post ? I'm not going to even dignify that with a response except to quote: "in order for you to insult me I would first have to value your opinion"

Hmm, oh the law says it: section 139, County Courts Act 1984. I don't say it. It wasn't an insult, am just saying equity is studied as part of property law. If you have studied property law or equivalent you'd likely have studied equity, is my point.

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Who says a Suspended Possession Order is usually only suspended for 4 weeks? What utter nonsense. Who says a SPO can only be suspended for a defined period of time?

A SPO is suspended until the Order is breached.

I'm aware of a SPO which remained suspended for 12 years when the owner of the property sold it for three times what they paid for it and lived happily ever after. The terms of that Order were that it would remain suspended indefinitely on condition the monthly payments were paid plus £x towards the arrears.

As for the last sentence in your post ? I'm not going to even dignify that with a response except to quote: "in order for you to insult me I would first have to value your opinion"

Once a person who pays a mortgage (ie you said the word 'own') on a property has a suspended possession order, it can only be stayed - as equity has been discharged when the suspended possession order has kicked in. At best the person with the mortgage can merely delay possession apparently for a short time.

[Diana M]

Re: Suing the Council for wrongful prosecution.

Once a person who pays a mortgage (ie you said the word 'own') on a property has a suspended possession order, it can only be stayed - as equity has been discharged when the suspended possession order has kicked in. At best the person with the mortgage can merely delay possession apparently for a short time.

Where do you get these ideas from?

Di

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Where do you get these ideas from?

Di

It's called mortgage law..where else would I get them from.

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Well, that is what I am (mentally) asking also. The LL sought repossession on grounds 8,10 and 11......ground 8 was obviously struck out....so the other grounds were for being persistently late (certainly in the last 6 months) and the level of arrears (now paid). The LL (who has also issued a section 13 for rental increase of 30%) was leaning on the fact that were the rental to rise (I referred once again to the Property Tribunal) that I would be unable to pay the rent (since I am a pensioner on benefits).
I would have been appealing the fact that the mitigating circumstances (due to a Council mistake) of an otherwise unblemished record over a period of 23 year on an Assured Periodic Tenancy should not find me with a SPO. This was all set out in my Witness statement. The only thing the Judge seemed interested in was my 'Defence Form' where I had to list my 'income' and he seemed to think I did not have enough money coming in for the situation not to occur again. Since this is my first/only anomaly in a tenure of 24 years I find the judgement harsh....since it (ground 10 and 11)is supposed to be 'discretionary'.

Under part 55, CPR for possessions, even assured tenancies are not safe it would seem.

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Where do you get these ideas from?

Di

Administration of Justice Act 1970 (as amended), entitles the mortgagor (non commercial) equity rights to pay the mortgage off (redemption). Remedies are limited to delay, adjournment, stay a possession. Under the law the bank (mortgagee) can legally take possession without a an order of possession: section 101, Law of Property Act 1925. However, owing to the stigma of forced eviction it could be viewed as criminal action, so generally, if the property is not already unoccupied, will obtain an Order of possession. So, delaying possess kicks in when the bank goes for possession. This is where I get my ideas from!

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I am totally confused with Open Law's comments...I am just an ignorant layperson....but I do not PAY a mortgage...I rent. sorry OL, I know you are trying to help, but I cannot see how this relevant to my case?

Sorry Ms Andrist, I was indirectly answering Di's question.

[wales01man]

Re: Suing the Council for wrongful prosecution.

hijacked the thread again OL keep to the subject matter if you can instead of carrying a vendetta against another member if you are so clever after doing what ever course you did why did you not become a Solicitor?

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

hijacked the thread again OL keep to the subject matter if you can instead of carrying a vendetta against another member if you are so clever after doing what ever course you did why did you not become a Solicitor?

Hang on a minute, I was the one who was asked 'where do I get these ideas from.' So I am merely defending myself. There is no vendetta at all.

[wales01man]

Re: Suing the Council for wrongful prosecution.

OL ok then can we get back to the thread as started the OP needs advice that helps them I wish I could offer some

[Openlaw15]

Re: Suing the Council for wrongful prosecution.

Deleted as posts were over-lapping and not clear.

[Diana M]

Re: Suing the Council for wrongful prosecution.

You've quoted my original post three times.

The first quote is an accurate quote but the other two have been edited or had additional information added by you which gives the false impression that they were my original words.

Would you be kind enough to edit your post (perhaps in a different colour?) to make things clearer.

Di