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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm 68 and the council are evicting me from my 2 bed flat reason

Resolved Question:

I'm 68 and the council are evicting me from my 2 bed flat reason I can't be a 3rd successor for the tenancy I have been paying the bills and rent hear for 4 years and my family have lived hear for 60 years what are my rights
Regards
David Sanders
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello David my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 2 years ago.

I want to remain in my flat do the council have an obligation to find me accommodation what's is my rights I'm English born and breed ?

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. You are only entitled to 1 succession so if there has already been one then the Council are not required to let you succeed again.
All you can do at this stage is consider a Judicial Review. This is where the Judge of the High court examines the decision of the Council to see whether it is legal and reasonable. The Judge can agree with the decision or send it back for further consideration.
You will need a Solicitor for this and it is possible you are entitled to legal aid. I would suggest seeing Citizens Advice to draft the required documents for you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Alex

Thank for the reply I understand tha I can not succed the tenancy, the council have today issued me with a 28 day notice to quit, however as I am living there and paying the rent and have no other place to go as a pensioner have I any rights or can the council make me homeless.

Kind Regards

David Sanders

Expert:  Ash replied 2 years ago.
The council can. But once you have a possession order homeless serves May be able to find you somewhere. But you are not entitled as of right to stay in the same property.
I am sorry. Does that clarify the position for you?
Alex
Customer: replied 2 years ago.

Alex

I understand the succession rules however would this apply to a married couple, when my father died would my mother automatically become the tenant dose this count as a succession If not there has been no succession. and would I be entitled as next of kin.

Regards

david sanders

Expert:  Ash replied 2 years ago.
If there has been no succession then yes you would be.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex