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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I´M A COUNCL TENANT, DUE TO FAMILY ISSUES I HAVE BEEN AWAY

Resolved Question:

i´M A COUNCL TENANT, DUE TO FAMILY ISSUES I HAVE BEEN AWAY FROM PROPERTY, MY CHILDREN ARE LIVING AT THE PROPERTY THEY ARE BOTH OVER 18.
SOUTHWARK COUNCIL HAS ISSUED ME WITH A NOTICE TO QUIT, MY KIDS ARE ON THE TENANCY AS RESIDENTS. CAN THEY DO THIS, PLEASE ADVICE THANKL YOU
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

How long roughly have you been away please and did you move your personal belongings out of the property too?
Have you now or do you plan to return to the property? If the latter when?
Customer: replied 2 years ago.

no i did not move my personal belongings i have not moved out, I have simply been away as my mum passed away and my dad has been ill for the past year so i have been travelling back and forth for the past year.

Im hoping to be there pernamently from september.

Expert:  Joshua replied 2 years ago.
Thank you. Please accept my sincere condolences for your loss.Without going into exhaustive detail are you able to give me a very brif summary of your approximate movements - e.g. on average you have spent how long away and how long living at the property typically and secondly why you are not able to return until September and often you plan to spend there and away between then and now? I ask because this information will be relevant to your tenancy status
Customer: replied 2 years ago.

normally im away for a month then i return home for another month then and so on, I have noone to look after him, he is getting better and im hoping to bringhim back with me, when i say sept i mean in the next few months due to being able to travel.

my daughter and son are there permanente and their names are ***** ***** as residents, I have invested in property with new kitchen and other repairs its our home, I would not spend my Money if I wanted to leave.

Expert:  Joshua replied 2 years ago.
Many thanks. In order to maintain security of tenure with regards ***** ***** tenancy it is necessary that you live in the property and treat it as your main home. If you move out you lose security of tenure and the council can seek possession proceedings relatively easily. It is possible to move out and maintain security of tenure but it is necessary to be able to demonstrate that you intend to return and that you still consider and generally treat the property as your main residence.Leaving your things in the property is a principal way of showing that you intend to return. In addition though for extended periods of being away, it is important to return home as often as is feasible. The itenerary you refer to above is not too bad but if possible if you can include some additional returns (even if these are just intentions which you can provide to the council) that would be beneficial.Providing you can show them that 1) you still treat the property as your main residence and intend to return and that 2) there is a justifiable reason for your being away (which there is) and 3) that you do return regularly and use the property as your main residence as often as you can get back, you will have the basis of any defence to any possession claim, though my hope would be once you explain the position to the council and evidence it as above, they would not attempt to proceed with a possession claim in the first place.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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