Shentons Solicitors & Mediators

Court Steps In to Save Widow from Eviction

December 16, 2013CarolinePress Releases

A local firm of Solicitors is encouraging tenants who face eviction to seek legal advice even if they believe that they have no right of tenancy, following criticism of a local authority which attempted to evict a young widow from the home she shared with her husband, who hanged himself.

The widow still lived with the memory of finding her husband’s body, but Leicester City Council had ‘misled’ her and given her ‘misinformation’ in its attempts to evict her from the council home, of which her husband was the sole tenant.

The husband had inherited the tenancy from his mother and, when he died, his widow – a mother of two young children – had no legal right to stay there. The Council viewed her as a ‘tolerated trespasser’ and resolved to seek a possession order despite her ‘powerful plea’ to stay.

Although it ‘recognised the mitigating circumstances’ and ‘sympathised’ with the family, the Council’s housing department had expressed concern that giving preference to the family on the city’s housing waiting list would leave ‘vulnerable to criticism or worse’ for failing to abide by its housing allocation policy.

The Council pointed out that the widow lacked any tenancy rights and had failed to comply with requests to provide documentary proof of her identity and that the house had been her permanent address prior to her husband’s death. However, a county court judge declined to grant a possession order.

Dismissing the Council’s appeal against that ruling, the Court noted, ‘The widow was a vulnerable person who had suffered much during her adult life…the culmination of her troubles was the suicide of her husband. She found the body after he had hanged himself.

She was living on benefits and bringing up two young children as a single mother. She was determined to remain in the house which was the address where she had lived with her husband through good times and bad.’ It had been her children’s main home for most of their lives.

The Court found that housing officials had ‘misled’ the widow into the mistaken belief that there was no possibility of her being allowed to remain in the house. She had also not been informed that the property could be let to her directly and her failure to provide the necessary proofs had arisen from that misleading advice.

Shaun Underhill, a Partner at Shentons Solicitors said “anyone facing eviction is strongly urged to contact us for advice from our housing law specialists”.

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