Eviction fight

Reporter: ANDREW RUDKIN
Date published: 30 December 2011


A pensioner who has lived in the same house for 66 years has been told he and his wife are being evicted.

Denis and Beryl Kershaw, who sold their property three years ago to a private landlord after financial woes, have been ordered to leave their home by January 17, 2012.

Denis (67) gave up work after suffering heart trouble in 2002. Beryl (66) became his full-time carer.

Five years later the couple were told their benefits and carer’s allowance would be stopped, which caused difficulties paying the mortgage on the Sunfield Avenue property in Moorside.

They claim they were refused by their bank to reduce mortgage payments because they would be approaching 80 before completion.

Soon after, Tame Estates, which now runs under the business name TE Lettings, bought the property with the couple claiming owner Mike Hanley told them they could live in the property for the rest of their lives.

Six months ago, TE Lettings issued a possession notice, after the firm encountered problems with a bank loan being called in.

The couple faced TE Lettings in a court battle earlier this month over possession of the house with the district judge granting in favour of the firm.

Denis said: “We don’t think it is fair as we have done nothing wrong. We were up-to-date on payments so why should we have to leave?

“Mr Hanley offered us two bungalows, one on Roundthorn Road, Oldham, and the other in Ashton, but we would like to stay in Moorside as we have got all our friends and our local church.”

Mr Hanley called the situation “unfortunate” but claimed a nearby Oldham property is still available.

He said: “At their request we have decorated the property, which is not far from where they live now. We also offered to pay for any removal costs. We have certainly done everything by the book and we have done everything we can to help Mr and Mrs Kershaw.

“The Sunfield Road property was purchased with a loan from the Royal Bank of Scotland and the bank, which was having financial difficulties, told us they were not lending on any properties and called in the loan.”

Mr Hanley was granted £1,600 in court costs from the case at Oldham County Court on December 7, which he told the Chronicle he did not accept as he wanted to help Mr and Mrs Kershaw.

Mr Hanley, whose company is based in Ashton, was accused of being a “rogue landlord” by housing charity Shelter in September, 2010, for levying “unjustified and excessive charges” on tenants and their guarantors and failing to carry out basic repairs. He refutes the allegations made at that time and claims the evidence was based on 12 complaints over 10 years.