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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am heling a friend. He has been renting a council

Customer Question

I am heling a friend. He has been renting a council flat from a council tenant (unwittingly as did not know was not the owner). The council have filed papaers but with several errors (eg wrong postcode for flat, my friend has been paying rent direct to cpouncil etc). is this the kind of stuff you dal with. Hearing is 21st March and he needs to file a defence. Just delaying whole thing for several months would be great
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Date of hearing is 13th May happpy to pay more for expert to red papers (very short) and help draft defence and possibly represent my friend in Court - Lambeth London (20 mins set aside for hearing) but that would be separate and optional
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?Alex
Customer: replied 1 year ago.
Hi AlexThank you for replying. Before going any furhter can you comment on what I have written so fat.- if claimant uses wrong postcode for property can we ask for claim to be struck out
- as my friend has been paying rent (has proof) and claims that lady at council said he would be able to be keep flat / become official tenant if paid rent is that an arguable defence (no mention of rent being paid in claim)
- how long can we delay things for before actual evictionFinally have you done may cases like this in court (I imagine possession cases are pretty common)
Expert:  Ash replied 1 year ago.
1) No it wont be struck out for that. I assume the papers have been served, so there is no prejudice.2) No - this is because he has no contract. The friend needs a contract with the Council in order to establish a tenancy.Yes, I have done lots of cases like this. All you can do is delay slightly:a) To file a defenceb) Get as long as possession order as possiblec) Refuse to move, get bailiff appointment and then apply to stay the evictionThat is all you can do. To be honest its inevitable.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi AlexImpressed by answers!Can a draft a basic defence which I email to you to look at with papers (very few)And then use your skills to delay delay ask for moer time to arrange new property etcCan you arrange representation ion court for Lambeth on 13thAnd can you give me estimate of costsMy friend is rather poor so if can be cheaper by using you as consultant would be fine.I would then pay all fees on Monday /Tuesday to get all done (I am seeing my friend on Monday evening to agree wghich he will)
Expert:  Ash replied 1 year ago.
If you want to to consider s defence the this would be an additional service which I would be happy to do.Sadly I can't represent you as I am employed by the site.Can I clarify anything else?Alex
Customer: replied 1 year ago.
Yes please what would cost be to- review papers
- edit and improve our draft defence
Customer: replied 1 year ago.
ps teh papers are short circa 10 pages in total of which half our the standard court details form to be filed out
Expert:  Ash replied 1 year ago.
I will send an offer for that now. Can you see the offer?