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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32826
Experience:  Over 25 years experience in law
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I am renting three years a council apartment without knowing

Customer Question

Hi I am renting three years a council apartment without knowing they are repossessing the property from my landlord/tenant the court case is on his name must I move out until the court order is in my name?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
How do you know about the proceedings and what have the council told you?
Customer: replied 1 year ago.
Because I was registered on electors vote on January so my landlord told me everything because I had given him also 10.000 to buy the property that is another story I went to citizens advice office and the man told me he is fraud open his letters to see what is going on. My landlord has now disappeared but I am very stressed because I haven't found where to live I called the housing investigator but all they care ofcourse is getting their property back
Customer: replied 1 year ago.
Hello are you still answering ?
Customer: replied 1 year ago.
Can you tell me what has happened?i have paid
Expert:  Thomas Judge replied 1 year ago.
On the basis that the property is council owned your landlord will have been in breach by renting the property to you. As such the LA are entitled to recover the property - you sadly have no rights to this property. Happy to discuss further with any questions but please rate positive
Customer: replied 1 year ago.
I know I don't have rights I did not ask that. I am currently living in the property they will come and repossessed the property but I am inside not the landlord . Can they just kick me out? Throw my things? Or they need court order? To my name?
Expert:  Thomas Judge replied 1 year ago.
They will still need a court order to remove you from the property. They should also allow you to remove your things - if you do not leave after they get a court order then they will get bailiffs to change the locks etc. I hope that this has answered your questions - if not then please advise - please rate positive
Customer: replied 1 year ago.
So at the moment if there is no court order to my name and not to the original tenant then they can't move me out then they shouldn't kick me out. What if they come then thinking that is The landlord . So the council however they know I live in they did not tell me we need court order for you they just said oh we need the apartment. So the council needs court order to my name In order to kick me out from the apartment and they don't have the right to do that at the moment ? Are you sure? What if they get my things out? Am I allowed to then to sue them?
Expert:  Thomas Judge replied 1 year ago.
Their starting point will be to bring to an end the tenancy between them and the landlord. Once this has been resolved then you're regarded as a trespasser and LAs will take proceedings to evict you as a trespasser. They would normally give you some time to make alternative arrangements. They do not have to name you in any order - just as a trespasser. They would also allow you to remove your goods. Please rate positive.
Customer: replied 1 year ago.
So even if they have evicted my landlord and the tenancy is over they still need to evict me in order to get me out? Are you sure ? Because I will need to use it
Expert:  Thomas Judge replied 1 year ago.
This is the way both LAs and HAs act in this regard
Customer: replied 1 year ago.
The head landlord is the council
Expert:  Thomas Judge replied 1 year ago.
That was my understanding. I hope that this helps - please rate.

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