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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 1149
Experience:  LLB (Hons)
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I up until may this year I lived with my grandmother in

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Hi I up until may this year I lived with my grandmother in tower hamlets. Unfortunately she passed away in May and I applied to take over the tenancy for the flat that I lived in with her. This was turned down due to the fact that tenancy can only be succeeded once which my grandmother did when my grandfather passed away. The council placed me on a housing list and have now found me a place to live which I have accepted and they want me to move out within 1 week but I have explained to them that might not be possible due to the one of the lifts that service my block is being replaced and it is the online that serves my floor. They got back to me and have stated that I must use the other lift as it is only down one flight of stairs but I have stated that the stairwell is to narrow to get most of my furniture out they still maintain that I must use this.i have also raised concerns about it being the only fire escape route out of the building and if I'm moving big pieces of furniture out I could end up blocking it.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
Assistant: Where is the flat located?
Customer: In east London
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I believe they want me out quicker as I believe they only have 6 months to move on or the I can apply for tenancy again.

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

 

Have they informed you when the lift will be fixed?

 

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 6 days ago.
They say by the end of December but they are telling me I have use the other lift

Are you wanting to stay until the lift is fixed?

 

Is this because you wish to apply for the tenancy again?

Customer: replied 6 days ago.
No I'm not wanting to stay I'm only asking them if they will allow me longer to move out. But they seem not to care

I presume they do not hold a possession order for the flat from the court?

Customer: replied 6 days ago.
No they don't

In that case I think you can be a bit firmer with the local authority and inform them that it is impossible to move all your furniture without a lift that comes to the floor you live on and that as soon as the lift is fixed you will move all your furniture out and take up your tenancy in the new property.

 

The difficulty with this approach is that they are likely to ask you to pay rent on both properties, or they may withdraw the offer of the new tenancy.

 

However, what alternative do you have at this stage except to say you won't move until the lift is working, as you say the other option is not feasible for you. You could also try asking them to supply some removal men to move the stuff from your floor to the floor where the lift is.

 

There's not really a legal solution to this at present - they don't have a possession order, and it will take them more than four weeks to the end of December to get one, so they might as well let you have the extra time until the lift is fixed.

 

Does that help?

Can I check that you received my response and that it answered your query?

Customer: replied 6 days ago.
Yes that does thank you for the help

You're welcome.

 

Can I ask that you take a moment to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.

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