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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2741
Experience:  LLB (Hons)
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I've received sucession of my mum tenacy from when she pass

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I've received sucession of my mum tenacy from when she pass away in may .which is a secured tenacy from 1981 and in the process of all of this the housing officer as many blunders which now she saying due to the house being 4 room and my son just recently move 8 mth now due he fall out with his girlfriend so he would of been homeless so he living with me now . What I wanted to know Is Ground 15A legitimately enforceable against a tenancy issued in 1981? Has the Notice of Seeking Possession been issued within the correct time frame from the relevant date?  During the sign up of my tenancy it was made clear that my Son had been residing with me for the past several months (evidence can be provided) and therefore a one bedroom property is not suitable accommodation as this would make my Son homeless due to the relationship breakdown

Hi, I'm Lea and I have reviewed your query.

Do you have a copy of the notice? Please attach using the paperclip.

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 8 months ago.
I have more document need I can show you also when she sent that document she sent by email for me to sign a document which is the deed for 46 heather where I live she sent me 1 doc 17 Sept but also sent me one 2 week s ago and said I need to sigh ot which is a legal to back date a document

I asked for the notice. Please don't send anything else unless I ask for it.

Have they actually served notice on you?

Customer: replied 8 months ago.
No not as yet

Unfortunately, groun 15A is a valid reason to serve notice on a secure tenant who has suceeded to a property that is considered to be too large for their needs.

Whilst you have your son living with you, and have provided them with evidence of this, if your son is an adult, they have no obligation to house him, and therefore may insist that their responsibility lies with rehousing you into suitable alternative accommodation, which in their view is a one bedroom property.

However, the good news is that it's not the council that make the final decision as to whether a property is suitable for you to be moved into - it's the court. The court will give you ample opportunity to provide a defence as to why you should not have to move, which in your case would include that you have your son living with you and need larger accommodation than a one bedroom.

Does that help clarify your position?

Customer: replied 8 months ago.
If I got sucession of the property do I have the right to buy the home

Yes, you should have the right to buy if your council operates that - there may be criteria you have to meet.

Customer: replied 8 months ago.
also I've not sign the sucession deeds which I sign sucession document but she forgot to give the deeds document to sign which she only produce to me last week with she also back dated the date 17 sept ?

The succession documents and the notice are two separate issues. You can go ahead and sign the succession document - you need that to prove you succeeded the tenancy. Just date it with the date you sign it.

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions if you need to. Thank you.

Can I assist you any further with this?

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