How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have been charged with unauthorised occupancy and my mother

Resolved Question:

I have been charged with unauthorised occupancy and my mother with unsecure tenancy as she has been in Cornwall for over 10 years. Do I have any options? This ia a claim for possession of property from local coucil.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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 : How come the tenancy is not secure please ?
Customer:

My mum is the principal tenant and has not been present at property.

Alex Watts :

I see.

Alex Watts :

Have you been living there instead? Where has your mum been please?

Alex Watts :

How long has she had the Council property for?

Customer:

since August 1977.

Alex Watts :

Who has been there that long?

Alex Watts :

Why is the tenancy unsecured?

Customer:

I have been there since I was 11 years old, apart from a period of 3 to 4 years at the back end of the eighties, early nineties. The tenancy is unsecured because my mum has not been here on a constant basis since 2002.

Alex Watts : It's bad news I am sorry to say, you are only entitled to succeed if you have been living there for 12 months AND the tenancy is secure.
Alex Watts : An unsecured tenancy you have very limited rights. It is by its very nature unsecure.
Alex Watts : Only once a tenancy is secure are rights gained.
Alex Watts : Therefore sadly you have no rights as an unsecured tenant.
Alex Watts : Sadly all you can do is delay the date you have to move out.
Alex Watts : All you can do is make it longer, but you have no right to stay or succeed the tenancy.
Alex Watts : I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

thanks thats all.

Ash and other Law Specialists are ready to help you