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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i live in a studio flat owned by a private landlord. i was

Customer Question

i live in a studio flat owned by a private landlord. i was placed there with my son by Greenwich social services. i have been given verbal notice to quit by greenwich ss as i am now legal to remain in the uk. My son is british. Greenwich have not offered me alternative accommodation.Must i leave tomorrow?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you have a tenancy agreement at all please? When was notice given?
Customer:

No I dont have a tenancy agreement, the arrangement is between Greenwich ss and the landlord. I was given verbal notice only by Greenwich ss 4 weeks ago tomorrow. The landlord has always refused to give me anything in writing.

Alex Watts : By law they have to give you 2 months notice.
Alex Watts : But if you refuse to leave the landlord would have to get a court order in any event.
Alex Watts : But yes you can be asked to leave but you must be given 2 months notice.
Alex Watts : If you refuse to leave and court proceedings are issued then the council will look at alternative accommodation and generally not before.
Alex Watts : I know this sounds crazy but as a local authority lawyer I can tell you this is the procedure.
Alex Watts : Once an order for possession had been made then the council will look to rehouse you.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you so much for your help Alex. Does my status in the country affect my situation? I was allowed to stay under Ruiz Zambrano in December 2013 with 5 year rule, permission to work or start business. I am Jamaican but my son has a British by birth father and a british passport. I have a NI number.

Alex Watts : It makes no difference.
Alex Watts : Does that clarify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much for your clear and prompt answers, a great help! My sons dad has insisted I use a solicitor to deal with these problems so hav e contacted the company who dealt with my Zambrano application. It seems that the UK visa service has not included entitlement to social housing on my residence card so they are contacting them to remind them of my sons status and request that this is added to my visa. Any comment on this welcomed! Andrea

Expert:  Ash replied 3 years ago.
Sadly I am not an immigration expert - I can help with housing law only.

Alex
Customer: replied 3 years ago.

My landlord has just come by and told me to be out on the street tomorrow. He says he is moving someone else in tomorrow otherwise I will have to share. can he do this? My ex partner listened to the conversation over my phone so he has witnessed this. I am in distress and don't know where to turn.

Expert:  Ash replied 3 years ago.
No - he needs a Court Order.

Alex

Customer: replied 3 years ago.

Hmmm It seems that the Studio flat that Greenwich social services placed me in they describe as 'Bed & Breakfast'. Greenwich emergency housing dept. say I am not entitled to housing because I only have a residence card! Seems me and my son are homeless tomorrow.

Expert:  Ash replied 3 years ago.
They need a Court Order to remove you - they can't get rid of you without this.

Alex

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