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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been living at my aunties flat 10 years, its a local

Resolved Question:

hi, i have been living at my aunties flat for almost 10 years, its a local authority flat. i have been paying all the rent, council tax and utility bills since 2006 when i moved in. do i have a right to be made placed on the tenancy although my aunt hasn't lived at the property since 2006. i have been told i have a right under the sitting tenant? can you please advise. much appreciated. regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What has happened to auntie please?

Alex

Customer: replied 1 year ago.
Auntie went back home aso my uncles dad passed away, they did mean to return to England however they ended up staying back home in portugal to stay closer to the family. The council where noticed of this and advised that a family member could reside at the property until they return, unfortunately this never happened and I have been living atbthe propertyproperty since.
Expert:  Ash replied 1 year ago.

Ok so Auntie moved out, she did not pass away whilst tenant?

Customer: replied 1 year ago.
No auntie is still well and healthy, my uncles farther passed away.
Expert:  Ash replied 1 year ago.

Thanks. As you can tell I have been giving this some thought and looking up the law.

Its bad news I am afraid then, it will be a condition of Auntie's tenancy that she occupy the property as her principal home, she is not. Auntie went back home as you say. This means she is in breach of her tenancy agreement. Therefore you have no rights whatsoever in terms of the property.

If you had been living there for at least 12 months and if Auntie had died then you would be entitled to inherit the tenancy, but this has not happened.

She has in effect given up her property and is not living there. As such you are not entitled to stay.

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.

Can I clarify anything for you about this today please?
Alex

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