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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madam, I may be evicted because i have not use

Resolved Question:

Dear Sir/Madam,
I may be evicted because i have not use my rented council flat accommodation as my permanent home. That is on average i sleep less than four nights a week in the rented council accommodation with my family of four step children. And that i have a second home i have jointly purchased with a family friend on a supposedly revenue making buy to let mortgage which was not disclosed prior to the council accommodation being offered and accepted. I have a secured tenancy that span 15yrs.
The reality only now hits me that i am turning 60 at the end of the month and i may not recover from the threat of homelessness.
The eviction notice has not been served. To avert eviction as made imminent in last week interview, I would like to make an offer jointly to purchase the flat under the right to buy scheme with my step daughter who is now a qualified local hospital nurse. Is this a sensible way forward if not too late. And is there anything else I can do? Thank you so much.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How do you know that the Council are aware please?

Customer:

I was interviewed last week

Customer:

and i guess i told them as much not aware of what injury i was causing myself

Alex Watts :

Ok -so tell me about the other property.

Alex Watts :

How long have you had that>

Customer:

it was intended as buy to let property, purchased with downpayment from the godmother of one of my step children, when we were long waiting for help in a one bedroom flat where there were 6 of us

Alex Watts :

Yes when did you buy it?

Customer:

i think this was some five years ago may be longer.

Alex Watts :

Ok - and why didnt you declare this please?

Customer:

i can not remember the exact date. But i believe there was an overlap period when the children were already in the property to ease congestion and i remained in the rented council flat.

Customer:

then some months later the offer came

Customer:

and i accepted the offer

Alex Watts :

Ok - but you accept you have not been using this as your main home and in breach of your tenancy agreement?

Customer:

i have not accepted that i am using it as my main home. no

Alex Watts :

Ok - but you said you are spending 4 nights a week elsewhere?

Customer:

however, i have my bank address and driving license in the property

Alex Watts :

Yes, but you spend 4 nights a week elsewhere, is that right?

Customer:

however i have admitted that i have spent time in the property and have used the property by wife in her holistic massage practice

Customer:

yes 4-3 nights in our rented council flat with my children

Alex Watts :

Ok - did you ever inform the Council of the other property that you owned?

Customer:

sadly no

Alex Watts :

Why not?

Customer:

in case i was misunderstood

Customer:

i do not know what they will think a do not have the courage to take that risk

Alex Watts :

And what are the Council saying now, you may be evicted because of this other house because you live there or you failed to declare it?

Customer:

i think both

Alex Watts :

Ok - and you want to know where you stand?

Customer:

yes please

Alex Watts :

Ok - do they have evidence you have the house and have been living elsewhere?

Customer:

they have the evidence of the house as it is in the same borough and as i have admitted there were days in the week when i spend time in the house but nevertheless, i have to stay a portion of my time with my children and family in the rented council flat

Alex Watts :

Ok - I assume this in breach of your tenancy agreement with the Council to have another property?

Customer:

i think this is what they are trying to do. but what i am trying to say is that property is not altogether mine or ours as it is bought together with a family friend and it is used as a business premise

Alex Watts :

Ok - well its bad news I am sorry to say.

Alex Watts :

If it is a breach of your agreement then it makes no difference whether or not you own it outright.

Alex Watts :

If you had declared the property and that you owned a % years ago, then it may not be an issue.

Alex Watts :

But you failed to declare this change so it looks like you have something to hide.

Alex Watts :

It will be a breach of your tenancy agreement to own another home, even a % of it.

Alex Watts :

what further complicates matters is the fact that you also stay there. If it was for the benefit of someone else and you simply owned a % then it may not be an issue.

Alex Watts :

But sadly you own a % and you also stay there.

Alex Watts :

If you failed to declare any of this , ie the staying somewhere else AND the fact you own a % then they have grounds to evict.

Alex Watts :

What they can do is serve notice for you to leave and seek possession.

Alex Watts :

If you do not then you will face a Court hearing where a Judge will decide whether to give possession

Alex Watts :

I realise the benefit of the property is mainly for someone else but the issues you have are these:

Alex Watts :

1) You own part of the property

Alex Watts :

2) You stay there

Alex Watts :

3) You failed to declare any of this

Alex Watts :

Based on what you have said I think this is a real issue for you. It is going to be a clear breach of your tenancy agreement.

Alex Watts :

However what I would do is contact your local Councillor

Alex Watts :

It may be that your Councillor can intervene and assist you.

Alex Watts :

But you also have to bear in mind that Council housing is needed for people who cant afford homes.

Alex Watts :

You have another property and you stay in it and I think that is an issue

Alex Watts :

I am sorry if 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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Have i lost everything?

Alex Watts :

I am not saying you have but sadly it is possible.

Alex Watts :

If you had declared it then it may not have been an issue

Customer:

technically it seemed i have no chance

Alex Watts :

You have a chance, but I have to be honest, it is not high for the reasons given,

Alex Watts :

It would appear by not declaring it, you were trying to hide something

Alex Watts :

I am sure you were not

Alex Watts :

But you can also get your Councillor involved

Customer:

ok ......thank you

Alex Watts :

Can I clarify anything else for you today?

Customer:

if i give the keys in before the notice will they deny me of the cash incentive of surrender since we've just spent money on renovation just finished on the flat. Furniture and beds are still arriving and no where to put them. carpets have just been laid and never used.

Alex Watts :

They should not deny that no.

Customer:

ok...... thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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