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Hello, I am a lawyer with over 15 years experience I will try to help you with this.
Can you help me with these details please. Is your tenancy an assured tenancy? Do you have a written agreement? If so is there a clause against subletting? Which Housing Association is it? Is the letter a formal notice to quit or a notice seeking possession. I assume she has been paying the rent and council tax in your name and that there has been no discussion with the association about her staying there. Does she live alone and how many bedrooms are there?
we have a notice to quit and a notice of seeking, she has been paying rent and council tax in her name, we never thought of letting the association know as she has always been part of the tenancy
it is a three bedroom house
and she lives alone
Thankyou for that I will be away from this site for a few hours but will answer you either later this evening or tomorrow morning.
Hello. I am sorry to have overlooked you. I will answer your question now.
You were Housing Association tenants and left after 9 years leaving your daughter there. She has been there for 5 years. If the Housing Association has not been notified that you had left and that she was staying there then she is likely to have some dificulties. You say that she has been paying rent and CT in her own name. If the HA are aware that it is her occupying then there may be an argument that they have granted her a new tenancy. This needs clarifying.
You say she was part of the tenancy but was she named as a tenant? I would guess that ir was either just you or you and her mother as joint tenants. I she was a minor at the time of the tenancy started she could not be named as a tenant.
There is nearly always be a clause in the tenancy agreement warning you that a failure of the tenants to continue to occupy will bring the tenancy to an end. You are not subletting as you are not receiving rent from your daughter. You have been away from the flat far too long to argue that you have not ceased to reside there.
She will have been served with a Noice to Quit as the HA will be taking the view that your departure has brought the tenancy to an end and that she has no tenancy rights hence they canuse a NTQ as there I sni tenancy to be brought to an end. If this is so then they will have little difficulty obtaining a possession order.
Whether your daughter has a right to stay in the flat will largely depend on whether she can argue that it has been known that by the HA that she has been in occupation and paying a rent to stay there.
Could you let me know in what way she has been paying rent “in her name” as this is the crucial issue. Does anyone else live in the property – In particular are there any children- with her? When do the notices expire. This is the date after which the Housing Association can commence possession proceedings. Also what is your daughter’s financial position in general terms? I ask this because if her income is not high then she might be entitled to legal aid to defend any possession proceedings.
I hope this answer is helpful and I you can give me the extra information requested above I iwllbe able to make things a bit clearer.
I apologise again for the slow response . I am a busy litigation solicitor and yesterday had to work on something urgent until very late. I simply forgot about your question