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SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 3270
Experience:  LLB (Hons)
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We have been informed that our council (Greenwich Borough)

Customer Question

We have been informed that our council (Greenwich Borough) are taking us to court to get possession of our property. We are currently classed us unlawfully occupied tenants
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have received as much paperwork and information as we can
JA: Where is the property located?
Customer: Abbeywood,London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have 2 Daughters, Whitney-Rose 4 and Lolah-Maye who is 3. We are trying to stay in the property as legal tenants
Submitted: 8 days ago.
Category: Property Law
Expert:  SASH_Law replied 8 days ago.

Good afternoon to you, I'm Lea and I am going to assist you today.

How did you come by the property if you are not tenants?

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Customer: replied 8 days ago.
I was living in the property with my father who passed away in 2016 and my mother how left and signed the property bck to the council in 2018. We are atill residing in the same address
Expert:  SASH_Law replied 8 days ago.

Can I see a copy of the notice they have sent you?

When is the court hearing?

Customer: replied 8 days ago.
We was due to attend court on the 22nd april 2020, but due to covid-19 it was cancelled
Expert:  SASH_Law replied 8 days ago.

Has another hearing date been set?

Have you been paying the sum you were asked to pay weekly, or are there now outstanding amounts?

Have you been in for the assessment they offered you?

Customer: replied 8 days ago.
No our date for court has been set just yet and yes we have been paying rent and done anything they have asked of us, assessments form ect
Expert:  SASH_Law replied 8 days ago.

Did the assessment find that you will be homeless and that they will be rehousing you?

Customer: replied 8 days ago.
Homeless yes and they stated that it was down to the court with they would be rehoming or stay in this property
Expert:  SASH_Law replied 8 days ago.

It's not down to the court whether you stay in the property or not...if the council have claimed possession because the actual tenants are no longer in the property, then they will be entitled to a possession order. And the only decision the court needs to make is whether or not the council is entitled to possession. If, as they appear to be claiming, there are no actual tenants in the property and no succession is available, then they will get a possession order.

However, given that the council have said that they will treat you as homeless, then you will inevitably be rehoused elsewhere.

Customer: replied 8 days ago.
Ok, so what would be me next step ?
Expert:  SASH_Law replied 8 days ago.

You keep paying the rent until you are evicted. There is a backlog in the courts at present, so it's not likely there will be a hearing this side of Christmas.

Customer: replied 8 days ago.
Okay so there nothing for me to worry about ? As i have 2 children under the age of 5
Expert:  SASH_Law replied 8 days ago.

Well, nothing to worry about until the court hearing, and you will be notified about that. I doubt it will happen before next year as the courts are busy, and also the pandemic would mean the court would be very reluctant to grant a possession order for one property when that would just leave the council having to rehouse you.

Have you spoken to the council about taking the tenancy over? Why did your mother sign it away if she knew you were living there?

Customer: replied 8 days ago.
Mum signed the tenancy due to leaving the Borough, dad was main tenant til he passed they claim that this would be a generational thing which they no longer do.
Customer: replied 8 days ago.
Before signing the tenancy mum explained they we would still he in the property as a family of 4 as we had no other accommodation
Expert:  SASH_Law replied 8 days ago.

Whether the tenancy could be succeeded would depend on whehter your parents were joint tenants or seems they were, as your mother signed her tenancy away, meaning you don't have a tenancy agreement and there is no opportunity for you to succeed the tenancy.

Customer: replied 8 days ago.
She was told this before the tenancy was signed she had to give then a minimum of 1month verbal notice, we was under aware of this info.
Customer: replied 8 days ago.
Is there anything else at all that we can do in order for us to stay in this property as legal tenants?
Expert:  SASH_Law replied 8 days ago.

It is entirely up to the council - and as they have started proceedings to get a possession order, it is unlikely you can stay. But you need to talk to them.

Customer: replied 8 days ago.
Ok thank you for all your help
Expert:  SASH_Law replied 8 days ago.

You're welcome.