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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been living in a council flat for the last 28years not

Customer Question

I have been living in a council flat for the last 28years not as a Tennant .the Tennant left a long time ago and I have stayed in the flat with my Mum until she died the rent card and the council tax us all in the tennants name and we have been paying all the rent and council tax and we have kept the flat up to good standard .the area manger has now started to come round about.tenancy matters unfortunately I stupidly ask someone I know to patent to be the Tennant as I was scared and affaid might I would loose the only Home I have had .I know I could get into trouble for asking that person to pose as the Tennant.I no longer want to live in the flat and want to leave can I just go and leave.the.flat with out telling the council I will hand the keys back to them.please help stuck I don't want to get into trouble .
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and 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.
Alex Watts : Do you want to stay in the property please?
JACUSTOMER-36ra41ar- : Not any more as IM now conce.rned and worried I just want to leave .as IM not a Tennant and they don't have me down as living here will I have to give them notice .and because I got someone to pose acps the Tennant because I was scared and didn't know what to do as the Tennant is slog older then me I cannot find this person as she left a long time ago.Ian also very worried that I have broken the law by getting this person to help its only ever happened once as the council have never checked on who has been living here checked how was livi ng here before.please can you advise me on what I can do I just want to leave the flat as soon as possible .the area manger is meant to be coming on Tuesday she wants proof that in living but she also wants proof that the Tennant still lives here which I don't have all the rent statements are in her name and the council tax is in her name even thought I have been paying everthing my dad is also down in the voting register as living here and all his bills come here to .
Alex Watts : If you want to leave all you need to do is write and give notice. Normally it is 28 days but check your tenancy agreement. Write and say that you are giving up the tenancy, you then hand the keys back at the end and that is it.
Alex Watts : Even if they did not think you were living there and wanted to take possession they would have to serve a notice seeking possession and then start court proceedings. But even the notice they would have to wait 28 days.
Alex Watts : So write a letter saying you want to give it up, hand the keys back and that will be the end of the matter.
Alex Watts : If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
JACUSTOMER-36ra41ar- :

even if Im not the tennant how can I give up tenancy .iam not on the tenancy and never have been can I just clear out my stuff and go and then hand in the keys saying that we have left the flat .the tenancy is in someone else name can I still write and give it up.

Alex Watts : If the tenancy is in your name you can give notice.
Alex Watts : The Council would then have to go about evicting the person in the property, but they have no legal right to be there.
JACUSTOMER-36ra41ar- :

the tenancy is not in my name and never has been can I just leave the property if iam not a tenant I cannot give notice as iam not the tenant ,I just want leave and get out of also concerned as someone I know tried to help me out by saying she was tenant I don't want to done for fraud she ever signed anything in the tenants name .im in a really bad situation I just want to get out and go .im going to leave the property as soon as possible and just hand in the keys saying that everyone has left ,

Alex Watts : Yes just give they keys back and leave, that is all you need to do!