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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I leave in a council flat in london with the right to buy,

Customer Question

I leave in a council flat in london with the right to buy, I work in tunbridge wells but I do stay from time to time in Sevenoaks with my daughter and her father, I just received a letter posted by hand from the housing investigations officer at the Sevenoaks address in my name, with the notice seeking possession of my flat in london, this document is the first step in the process of taking legal action to regain possession of my home. This action is being taken as it is alleged that I sublet and or parted with possession of the premises.
I do not sublet my flat to anyone. Please can you help!
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

How,old is your daughter and do you agree with them that you have parted with possession of the property?
Customer: replied 3 years ago.
My daughter is 6 years old, almost 7.Could you explain to me what To have parted with possession of the property means exactly?

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You have a good ground to,oppose eviction proceedings as you saynyounhave not sublet the property to anyone agypd you have not parted with possession of it. Your child is only 6 and is living in the London flat and when you a away, being looked after by the child's father.

Part with possession means you have given up possession of the property to someone else e.g. A N Other moves into the property and you move out without you subletting or having any deal with A N Other.

You may appoint a solicitor to represent you in this matter.
Can I assist further?
Expert:  Clare replied 3 years ago.
The issue will be how much time you are actually spending with your child and her father.
To retain the tenancy it has to be your principal home and the fact that your child lives elsewhere and you appear to spend time there with her and her father suggests that in fact you live as a Family in Sevenoaks rather than you living in your flat in London