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Hello my name is ***** ***** I will help you with this.
How do you know that the Council are aware please?
I was interviewed last week
and i guess i told them as much not aware of what injury i was causing myself
Ok -so tell me about the other property.
How long have you had that>
it was intended as buy to let property, purchased with downpayment from the godmother of one of my step children, when we were long waiting for help in a one bedroom flat where there were 6 of us
Yes when did you buy it?
i think this was some five years ago may be longer.
Ok - and why didnt you declare this please?
i can not remember the exact date. But i believe there was an overlap period when the children were already in the property to ease congestion and i remained in the rented council flat.
then some months later the offer came
and i accepted the offer
Ok - but you accept you have not been using this as your main home and in breach of your tenancy agreement?
i have not accepted that i am using it as my main home. no
Ok - but you said you are spending 4 nights a week elsewhere?
however, i have my bank address and driving license in the property
Yes, but you spend 4 nights a week elsewhere, is that right?
however i have admitted that i have spent time in the property and have used the property by wife in her holistic massage practice
yes 4-3 nights in our rented council flat with my children
Ok - did you ever inform the Council of the other property that you owned?
in case i was misunderstood
i do not know what they will think a do not have the courage to take that risk
And what are the Council saying now, you may be evicted because of this other house because you live there or you failed to declare it?
i think both
Ok - and you want to know where you stand?
Ok - do they have evidence you have the house and have been living elsewhere?
they have the evidence of the house as it is in the same borough and as i have admitted there were days in the week when i spend time in the house but nevertheless, i have to stay a portion of my time with my children and family in the rented council flat
Ok - I assume this in breach of your tenancy agreement with the Council to have another property?
i think this is what they are trying to do. but what i am trying to say is that property is not altogether mine or ours as it is bought together with a family friend and it is used as a business premise
Ok - well its bad news I am sorry to say.
If it is a breach of your agreement then it makes no difference whether or not you own it outright.
If you had declared the property and that you owned a % years ago, then it may not be an issue.
But you failed to declare this change so it looks like you have something to hide.
It will be a breach of your tenancy agreement to own another home, even a % of it.
what further complicates matters is the fact that you also stay there. If it was for the benefit of someone else and you simply owned a % then it may not be an issue.
But sadly you own a % and you also stay there.
If you failed to declare any of this , ie the staying somewhere else AND the fact you own a % then they have grounds to evict.
What they can do is serve notice for you to leave and seek possession.
If you do not then you will face a Court hearing where a Judge will decide whether to give possession
I realise the benefit of the property is mainly for someone else but the issues you have are these:
1) You own part of the property
2) You stay there
3) You failed to declare any of this
Based on what you have said I think this is a real issue for you. It is going to be a clear breach of your tenancy agreement.
However what I would do is contact your local Councillor
It may be that your Councillor can intervene and assist you.
But you also have to bear in mind that Council housing is needed for people who cant afford homes.
You have another property and you stay in it and I think that is an issue
I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest
Can I clarify anything for you about this today please?
Have i lost everything?
I am not saying you have but sadly it is possible.
If you had declared it then it may not have been an issue
technically it seemed i have no chance
You have a chance, but I have to be honest, it is not high for the reasons given,
It would appear by not declaring it, you were trying to hide something
I am sure you were not
But you can also get your Councillor involved
ok ......thank you
Can I clarify anything else for you today?
if i give the keys in before the notice will they deny me of the cash incentive of surrender since we've just spent money on renovation just finished on the flat. Furniture and beds are still arriving and no where to put them. carpets have just been laid and never used.
They should not deny that no.
ok...... thank you