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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi, I just wanted to see if I have any legal rights with regards

Customer Question

Hi,
I just wanted to see if I have any legal rights with regards XXXXX XXXXX situation I'm facing of potentially being made homeless. I was living within a local authority dwelling (the property tenancy was issued to one of my parents) and I had been living at the dwelling for nearly 30 years. The parent who was the tenancy holder moved out recently and we've now discovered that the local authority I saying I have no right to continue living there.

They will end the tenancy within 28 days, and if I'm still there after that date I'd be classed as an unauthorised occupant and they would then pursue a legal process to seek possesion of the property. I'm really worried the above classification by them might mean I'm breaking the law although its not my intention to do so, I'd simply have no where else to go.

Would I have any right of appeal? Or no rights to assistance?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What type of tenancy is it?

And to confirm your parents just moved out, they did not die?
Customer: replied 3 years ago.

Hi,


 


It was a secure tenancy as we moved into the property in February 1983, but the council are saying that as they were not informed that my parent had moved out then we are not covered as they are classing it as abandonment and even if she were to move back they would still issue the notice to quit.


 


My parent moved into sheltered housing in the Midlands area of the UK, and it would not be possible to relocate back, and genuinely did beleive they had done anything wrong as it was viewed as a family home where due to my work I would need to remain in London so I simply remained in the existing property. I can understand that from the council's point of view they now have someone on their own in a two bedroom property,but I would be prepared to be rehoused into a one bedroom property by them as realistically at present financially I would not be able to afford a flat on the private market in this area of London.


 


As you can imagine I'm worried sick at the moment thinking that in little over a month they can simply put me out onto the street, I'm in this situation through no direct fault of my own making but as I don't have any medical conditions that would put any housing assistance in a more favourable light I get the impression that the council won't really help out.


 


Hope the above reply is of some help.


 


Thanks

Expert:  UK-Justice replied 3 years ago.
I understand its not your fault.

However you have no right to the tenancy.

You will have to leave.

But the Council will have to issue you a notice to leave.

If you do not leave then the court will have to apply for possession. From the time they do this to hearing you are looking at around 6 weeks,.

Even if possession is granted they they have to apply for a warrant of eviction if you dont move out.

This will have another 6 weeks.

This gives you 12 weeks in total.

Once you have the possession order from the Court you can go to homeless services that may well have a duty to re-house you.,

But you dont have a right to stay - all you can get yourself is time.

I am sorry.




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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Hi,


Thanks for the reply, at least as you say I'm aware of the timings involved now. Just wanted to clarify where you said "Once you have the possession order from the Court you can go to homeless services that may well have a duty to re-house you.," do you know what may constitute a duty to rehouse?


 


Thanks

Expert:  UK-Justice replied 3 years ago.
I dont as each Council has a policy on banding and priority

That document you need to see.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Ok, and just so I understand the legal consequences if I do stay put and use the time each part of the process takes does it mean I'm commiting an offence and will it mean a criminal record as this is something that is really worrying me. I may well need to use the available time to try and sort things out but would be reluctant if it would mean incurring a criminal record if staying on until the 12 weeks are up would be breaking the law?


 

Expert:  UK-Justice replied 3 years ago.
No it's not an offence

Squatting law only applies where someone breaks in etc






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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