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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6944
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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Hello, I am currently living rent free, in a flat belonging

Customer Question

Hello,

I am currently living rent free, in a flat belonging to a relative of mine.
He purchased a 26 year lease, hasn't been able to find the money for a lease extension, and the lease is now expiring.
The freeholders have sent him a "notice to quit" by the 25/3/13. They are aware someone
is staying at the property, and it says in the document that if not vacated by that date, a court oredr will follow.
I am now wondering, I dont have a written contract, but if I did would that protect me from eviction til the end of the contract? And if not, how long approx. does it take for a court order to take place, and when it is, is there any way of delaying the moving out date?
I am desparate to stay, I am out of work and have nowhere else to go.
The free-holders are Camden Council, and they have been slow in all their actions so far.
Many thanks for you time, I look forward to hearing back from you.

Yours sincerely,

L Nordmark
Submitted: 4 years ago.
Category: Property Law
Expert:  Michael Holly replied 4 years ago.

Is the relative who owns the flat living there with you too?

Yours sincerely

Customer: replied 4 years ago.

No only myself.


 


Lena Nordmark


 

Expert:  Michael Holly replied 4 years ago.

Dear Lena

The council and the court will treat you as a tenant even though you have no formal lease or tenancy agreement.As such in order to make you leave they would have to give you a formal notice to quit containing a date upon which you should leave. If you fail to leave on that date then they have to go to court to obtain a court order which will order you to leave by a certain date.If you fail to leave by the deadline they will then apply for the bailiffs to come to the property and take possession which they do by changing the locks.You are at the stage where notice to quit has been given but the deadline for the Notice expiring has been extended so you are pretty much at the start of the procedure.

Being exact on how long it takes is hard because it depends on how busy the courts are for fitting in the applications to court of the council , how efficient the council are in taking each step and the availability of the bailiffs but on average it takes about 2 months.

The council will not let you stay because they have a list of people waiting for housing so you would have to go to the council and apply for housing.Your priority need is determined on a points basis.

I hope this clarifies the position. If there are any further points please reply.

Best wishes

Yours sincerely