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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25444
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello, I rented my flat to a london council. The contract

Resolved Question:

Hello,
I rented my flat to a london council.
The contract said to get my property back I must give 3 months notice.
Due to significant changes in my personal life I gave the 3 months notice required, in fact the date I selected made it over 3 months.
They are now saying that they cannot give me a confirmed date for the return of my property as they havs not found alternative accomodation for their tennant.
I believe they failed to notify the relevant department after my initial termination letter and are trying to extend indefinately.
Is this allowed?
They have not quoted any legal terms in the initial contract as reasonable grounds for not returning the property.
I did not want to discuss my personal reasons with them, they have asked why, which I feel is irrelevant to the process.
My marriage has broken down, I have a 5yr old daughter and I need to get my financial affairs in orded.
Can they do this?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask are you satisfied that your notice was in accordance with the tenancy you granted the council please or would you like to look at this first before we discuss next steps you can take?

Customer:

Yes it was a 3 months notice of termination

Joshua :

Thanks. May I proceed then on the basis that your notice is valid and you have a copy of it and can show the council received it?

Customer:

Yes

Joshua :

Thanks. On that basis you can seek a possession claim against the council if they are not returning possession. The possession claim will be valid against the council and against any tenant that happens to be in situ.

Joshua :

In order to apply for a possession claim you will need the following form:

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=608

Joshua :

(the top form on the page)

Joshua :

And this:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=347

Joshua :

You are able to claim costs against the council and are owed rent until the point you obtain possession back.

Joshua :

If the council ignore the possession order you obtain you can then instruct bailiffs to evict any remaining tenant. You can use this form to apply for a warrant for bailiffs:

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=562

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Will the possession order have to go via court or do I send it straight to the council?

Joshua :

The possession order will be issued by the court and served on the council. You can also write to the council with a copy of the possession order asking them to confirm that they will be vacating by the possession date. A council should not be in the business of ignoring a court order but it is known to happen. If they do then you will need to obtain a warrant as above to force the tenant to move out and recover possession though my hope would be that this would not be required

Joshua :

Is there anything else I can help you with?

Customer:

Does this process take long?, last question I promise!

Joshua :

That fine - don't worry. Possession can take 4-8 weeks to complete typically depending upon court workload. However consider that the council are in breach of contract and accordingly if you can demonstrate that you are suffering financial loss by the delay you may have a claim against them for such additional costs and expenses you would otherwise have been able to avoid.

Joshua :

Do let me know if you have any other questions?

Joshua :

Is there anything else I can help with?

Customer:

Thank you very much

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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