Ask a Law Question, Get an Answer ASAP!
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What type of tenancy do you currently have, is it a secure one?
Yes, I have a 'life-time tenancy' at this address. If I transfer within Thameswey Housing (the company concerned) I would be on a short-term assured (they would not transfer current status).
In effect you would be giving up your current property and tenancy?
Yes - there other offer is for me to go into 'other private renting arrangements'!
Does your current tenancy agreement say you have a right to give up or assign please?
Sorry -will take a moment to find on agreement. Reading now.
It says 'You must not assign or exchange your home with anyone else'
Ok - and what about exchanges and things like that?
As above, can't exchange - can you expand?
If you can't exchange then I am sorry but if you give up the tenancy the current one and its rights come to an end.
Therefore if you have a new one, those rights are NOT transferred because your current agreement does NOT allow for it
You can only exchange if permitted by the agreement.
Otherwise the agreement ends and you have to sign a new one
Ok - thank you. My original query was also about the false information I was given verbally. I was definately told this assured tenancy was a under a council umbrella and it would apply to an exchange. The fact I signed under duress has no weight in law as there is no witness?
Duress is only where you are signing because you fear for your life etc.
Sadly therefore it does not apply to these circumstances.
If this is a council officer that made these assertions then you can do the following:
1) Complain to the Chief Officer of the Council
They can investigate the matter for you
2) Complain to the Local Government Ombudsman
They are an independent body designed to deal with complaints and offer a free service
Their website is: www.lgo.org.uk
I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Ok. Thanks very much. No need for clarification. You have been really helpful and saved me endless waiting for a consultation. I will be giving excellent smiley! Regards.Carole
Can page be e-mailed to me for my information?