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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am about to buy a flat in a block, in Newham, London.It has

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I am about to buy a flat in a block, in Newham, London.It has a tenant in whos rent is paid by the council.I am happy for her to remain in the flat.I assume my solicitor will ensure that arrangements are made for the council to pay me rather than the current owner.And that that should be straightforward.I am slighty concerned about the implications of universal credit, will that mean that the tenant is responsible for paying the rent, directly ? Also, if I want to get in a private tenant in the future, probably when the existing tenancy expires, what steps would I have to take ?

thankyou,

XXXXX XXXXX
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you know what sort of tenancy agreement they have please?

Customer:

I am afraid I do not and wont be able to get that info until Tuesday at least, when I will let you know , as i see that is important for you to know.

Alex Watts : Ok thanks
Customer:

Alex,

Customer:

the current council tenant is on a 2 year short hold tenancy which expires Dec 2014. My understanding is that I need to give a months notice if I wish them to leave. Is that correct ?....if they dont what is the process then , and what rights do they have.And I suppose I issue to the tenants and the council.Presumably the council then have to rehouse.

Customer:

thanks.

Alex Watts :

You actually need to give 2 months notice

Alex Watts :

Or if they are 2 months in arrears you can give notice to quit

Alex Watts :

If they do not then you can issue a claim for possession

Alex Watts :

You can do this online at: https://www.moneyclaim.gov.uk/web/mcol/welcome

Alex Watts :

The Court will list the matter for a hearing and if satisfied the paperwork is in place the Court will grant possession.

Alex Watts :

If the tenant refuses to leave then you can evict.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thanks, XXXXX XXXXX clarify a couple of things..

Customer:

is that 2 months notice, with regard to wanting them to leave at the end of their current contract...which is my intention...or if I want them to leave prior ?

Customer:

also, if at the end of their contract , as they are housed by the council, is it the councils responsibility to find them other accomodation ?..will be easier to get them out if thats the case.

Customer:

Finally, if it goes to eviction, what rights do they have to remain ?..can they appeal and remain for some time ?

Customer:

thanks,

Customer:

Peter

Alex Watts :

2 months at the end of contract.

Alex Watts :

You can't get them to leave earlier unless they have breached the tenancy ie failed to pay.

Alex Watts :

If they remain after the possession order you simply seek a warrant of eviction from the Courts, there wont be an appeal

Alex Watts :

Does that clarify matters?

Customer:

yes, thanks very much.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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