Tenancy troubles

[Bedwas]

I need some help,

i was to sign for a new property on Friday, and get the keys, we have accepted the house in writing etc, and the final stage was as mentioned the keys and photographs

Now sods law prevails it self, and i get arrested for fraud by false Representation at 7.30 in the morning, and due to sign for keys at 12.30, im told to arrange child care as this will take all day, so my mother in law rang the housing association on my behalf, and basically was told there best be a good reason for not turning up to sign (this was done first thing, so no housing officer attended the property)

The fraud, which i will explain tomorrow to the housing officer, has happened over the christmas period, i sold parts off a car that was going to be scrapped in the new year, i sold a gearbox to a person in the highlands, and now literally 2 - 3 weeks later im being arrested as the person has made a complaint that its not been received! yet no one has even got in touch with me to resolve this matter!

At 4.30 i was released, and rang the housing association up, and explained what has happened, and basically told all the tenancy agreement has to be re written up, and it's now up to the housing officer manager to agree or dis agree if we are eligible for the property?

They also want to phone the police and confirm things with them,

Now i have been bailed (unconditionally) and not charged nor convicted, and i have written a letter and also got references from my neighbors, basically we have ordered all new carpets, tiles, laminate, paint etc, changed our childrens school and transport over so to be refused at this point because of this would cause alot of problems.

Now my understanding, there is an ongoing investigation, therefore the housing association will just bang there head against the wall if they phone the police for information?


Can some one clarify where i stand, if the housing association has a right at this point to refuse a tenancy?

[Ashley]

Welcome to the citizens advice bureau, oops welcome to DF.

[Bedwas]

Sorry I don't mean to intrude, my mother works for the local citizens advice, but want to get the legal side of things.

Been having alook around and this place seems a good bunch, lots of people and loads to have a gander about

[dibbler]

Have you read the rules. Did you read your pm?

[DJ OD]

Speak to a solicitor.

No one on here is qualified to offer advice. Even if they were I doubt they would.


DJ OD

[evilsatan]

May have been a good idea to have read your welcome PM and posted an introduction as per the rules rather than jump straight in requesting help. I have no idea where you stand with your query but posting a decent intro and getting involved across the forum will do you a favour

[DejaVu]

You got arrested. You did not get charged. There is no charge. There is no offence.
A sale going wrong is a civil matter.

Fraud by false Representation? More to this situation than you are willing to share.

The HA can only complain about you not keeping the appointment. Why tell them you got nicked in the first place? Far better excuses to use, like 'The Shits'. An arrest only means, helping police with enquires, against your will.
Unfortunately, you've made a rod for your own back. Legally, the HA cannot hold being arrested against you. But now you have told them, unofficially, they will.

Welcome to DF. Create an Intro.

[Bedwas]

Using iphone and just noticed I have a notification so will read this now

bad start so soon!
my apologies

[Bedwas]

Can't find an edit button for post above ^^^

just read pm - gone to that section and due to being new

An error has occurred Bedwas! You have reached the maximum number of 1 threads per 1 days set by the admin for this forum.

doh!

[blaggard]

Using iphone and just noticed I have a notification so will read this now

bad start so soon!
my apologies

You have done well, if I'd been the first to see this little lot you would have been gone, the PM really just points out what is good manners. This is a tech forum, if it was a forum attached to the CAB I could see why you would walk in and immediately ask for this kind of advice. Let's see where you go from here, I'm not holding my breath!

[blaggard]

Can't find an edit button for post above ^^^

just read pm - gone to that section and due to being new

An error has occurred Bedwas! You have reached the maximum number of 1 threads per 1 days set by the admin for this forum.

doh!

Why would you want to edit? You can't undo what is done and in fact DO NOT edit.

[Bald Bouncer]

You got arrested. You did not get charged. There is no charge. There is no offence.
A sale going wrong is a civil matter.

Would be my advice you are under no obligation to disclose the arrest unless directly asked if you have been arrested for anything rather than convicted of any crime, I don't know the guidelines of a housing association but I am guessing it would depend on what has already been agreed or proposed in writing presuming there is a false infomation clause, obviously you would not be able to disclose something that had yet to happen so would not be in breach in that case but I would think they now have the right to withdraw an offer again depending on the proposed contract clauses.

It is obviously too late to no tell them why you could not make the appointment so I would suggest asking to talk to the person dealing with the case if you could have a sit down with them rather than sitting back and having the possibility of a withdrawal of offer letter which in my opinion they would have covered in the terms and conditions in the proposal.

[Bedwas]

Sorry Blaggard, i did not want to rack up posts - as in the PM, do not post over 9 within the first 24 hours as you will flag up as a spammer.

Understand about the tech forum, sorry again, ive had a browse and seems a really good site! Hope at some point i can contribute!

Many thanks dejavu for your response. nothing more to add, moneys received on the 23rd December, items arranged for collection on the 27th by the buyer, item collected, heard nothing more, then a knock on the door on the 10th January, and £400 taken from my savings account which was noticed today!

Something not right, how i can get a knock on the door so soon baffles me!

HA reception lady who spoke with my mother in law basically said there best be a good reason for a non show, and because she was unaware of what was happening just like us, she was honest with the receptionist.

I suppose the HA, at that time not knowing circumstances probably think the worse case scenario and that a tenant could be 'trouble' which this is a mis understanding, just all seemed to happen at the wrong time, arghhh

[Bedwas]

Thank you Bald Bouncer,
I personally feel this is what is going to happen, The housing officer said on friday that they need to go back to admin, to get the tenancy agreement re written, so at this point we was signing an assured tenancy as we are currently with a HA but crossing over to another HA due to bedroom tax so we have a good record, now maybe because 'trouble' has been flagged we could infact go on a short term starter tenancy, so instead of locking us in at a 99 year lease, it would be a 12 month lease, and if no more concerns then we would automatically go on to a assured..

this is what im hoping, but we have references of a few neighbors, a reference of our current HA, and a letter of us explaining the circumstances and that we have done nothing wrong.

[DejaVu]

Personally, I think you maybe blowing it all out of proportion and worrying over nothing.
The only real way to find out is to wait for the Housing Association to show it's hand. I reckon all will come good.

We hope to find out in the next few days... perhaps.

Which brings me tidily on to my next question... Apple or Samsung?

[Bedwas]

Many thanks dejavu!

im an apple man :-)
cant get in with Samsung / rooting lol

[keyser666]

Dont know why you told them in the first place, all you had to cite was childcare issues. The second issue is now some HA and councils have said if you get convictions the terms of the tenancy say they can take this from you, all new social policy and shite.

The HA has no doubt offered you the place on beause you have been on a list, your situation changes nothing and you should still pick up the keys. They have no business contacting the OB and they should not divulge any information and if they do I would be putting a complaint in to the local constab.

[Bedwas]

Unfortunately it happened so early, and we where restricted in speaking to people and they give us the benefit of the doubt to arrange childcare or they would, and that was not happening, so my wife had to quickly drop in that she needed to speak to the housing officer and say we cant make it, and when the mother in law rang she so happened to dig us in to a hole as she didnt know what to say and they way they where on the phone she said she didnt want to mess anything up.

something along the lines of there best be a genuine reason for this to go on hold otherwise they will loose the property.

We'll find out this morning, and will get on the phone, so i will update!

many thanks for the help so far!

[cosmicma]

i can't help thinking why didn't you just send the wife to the meeting and let her make excuses why you couldn't attend but it's a bit late now for afterthought

surely a cuorior / postage receipt proving you had posted the thing would have cleared this up in minutes

[Bedwas]

My wife was also dragged in due to the account being a joint account.

issue is, the lady organised her own courier as I wasn't prepared to ship to the highlands!

now this and also the disappearing act of the money,

just spoke to HA and as typical and Sod's law again he's out all morning!