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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10896
Experience:  I have been practising for 30 years.
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My question is about housing I have been living in the

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My question is about housing
I have been living in the address where I am now for the last 16 years , paying the rent and council tax directly from my account to Islington council which is the landlord, still paying . I start living in this address in May 2002 with by then was my partner who is the legal tenant. She tried to put me on the tenancy but the council refused on the ground that she has once succeeded as a sole tenant from her x husband. I after a year or so she left the address and start living with her husband outside London, where she is now. On the 13th of March the Islington investigates found where she lives and made he her sign a document to give up her tenancy. Through the last 16 years my wife and me got three children 10, 8 and 6 ages born and brought up the same address but now we are told to leave the house otherwise will be evicted. All our live specially the school and their friends are and the only area they know is the one they been brought up. We are getting tax credit , working and child , we have no enough money to rent private and there is no one to help us from our families. what do you advise us ? we are really stressed and we didn't tell the kids the prospect of being homelessness, because we are not sure how they are going to take it. We tried to transfer the tenancy in our name legally but the case mainly collapse when the council produce the document she signed to give up the tenancy.

Hello for clarification - what is it you are asking?

she allowed you to live in her council property while she was not living there and now its no longer in her name is ***** *****?

Customer: replied 5 months ago.
We were living for a while in 2002 about a year and she comes and goes after that however her prime address were where she is now. When the Council found out that they went their and made her sign a document to give up her tenancy.
Then they issues us a letter to leave the property immediately and her to hand the key by today
Customer: replied 5 months ago.
I have no extra money for the call

The offer of a telephone call comes out automatically. It’s optional. You can just decline it.

You are not on the tenancy agreement, the council refused to put you on the tenancy agreement and as your partner was the tenant and is now moved out, you have no right to remain in the property regardless of how long you have been the property.

It would have been different if you had been married to your partner but it appears that you are married to someone else.

In effect, by remaining in the property with your wife, your ex-partner who is the sole tenant’s is illegally subletting to you and that is a criminal offence so it’s actually more serious than you are probably thinking although it may be that the local authority are not particularly interested in pursuing that issue.

If you are being made homeless, and you have dependent children under 18, the local authority are under a duty to provide a home for those children And therefore you need to speak to the Housing Department and Social services.

It might sound rather strange that they are making you homeless in one respect but then under a duty to provide accommodation for your children and the family but that’s the way the system works.

Customer: replied 5 months ago.
I always paid the rent directly to the Council by direct debit, they know that too, I don’t know what you mean subletting? She never took money as a rent or subletting mean allowing some one to pay rent and live without taking money? Is that criminal?

It doesn’t matter that you were paying rent to the council. You were not on the tenancy agreement and therefore you have no right to stay in the property. Legally, she was subletting even though she wasn’t taking any money and you were paying the rent directly. You had no right to stay in the property after she moved out. I’m sorry, but that’s the situation.

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