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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34488
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have resided in a rented property with my husband since

Customer Question

I have resided in a rented property with my husband since April 2015. The property was rented in my husbands fathers name because my husband couldn't pass a credit check. My husband left in September 2015 and has had a solicitor contact me regarding the divorce. His dad has given notice on the house and the agents have given me 4 weeks to leave. My children and I will be homeless unless I can find a property in the meantime. Is there anything I can do? I'm happy to move in two months time but they say if I'm still there after the 25th they won't need a possession order to remove me.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Tenancy meant to end?
Customer: replied 1 year ago.
The initial contract was 6 months and then It has been on a rolling contract.
Expert:  Clare replied 1 year ago.
Hi
Who has paid the rent?
How old are the children?
Clare
Customer: replied 1 year ago.
My husband has paid the rent from his bank account and the children are 3 & 9
Expert:  Clare replied 1 year ago.
Have you contacted the housing department of the council?
Customer: replied 1 year ago.
Yes. I have a meeting with them booked, but I wanted to know the law now because the agents keep hounding me to say I'll leave and for me to facilitate viewings
Expert:  Clare replied 1 year ago.
They cannot just evict you - they would have to get a court order - even though you are not a tenant.They will tell you that they do not need to do this as you will just be a squatter.You will need to tell them that in fact you have matrimonial home rights which mean that you need to be served with Notice to Quit and you were not.Indeed you could have argued that you have the right to apply for a Transfer of the tenancy - althoughthe fact that it was his father who signed the tenancy makes it a little harder to be certain that the Family Court will feel able to support this - but it should give you an argument to agree the extra month you say that you want.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you.. What can I do with regards ***** ***** father in law currently telling them they have his permission to enter the property to do 'checks' and 'viewings'?
Customer: replied 1 year ago.
They also tell me that come the Feb 25th I will be trespassing and will call the police. Am I still right to inform them that I have matrimonial house rights and in order to have me leave the property they need to apply for the relevant court order and serve it correctly?
Expert:  Clare replied 1 year ago.
Hi
You should inform them of that - but also that you will agree to coperate with checks and viewings
Clare