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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2317
Experience:  Owner at James Bruce Solicitors
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I am 52 years old lady with a brain tumor, my landlord give

Customer Question

Good evening. I am 52 years old lady with a brain tumor, my landlord give me a voice notice that I need to move till march next year. I wish to ask you what to do, what is my right to get a council flat
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: yes I have paperwork, doctor notes, I live here for 10 years under Kingston Council
JA: Have you talked to a lawyer about this?
Customer: First time I am talking to you
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I want to find out what to do, I do not have much money to go for a very expensive property, my income always been very low, around 1100 pound, and the rest is paid by universal credit
Submitted: 7 days ago.
Category: Property Law
Customer: replied 7 days ago.
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Customer: replied 7 days ago.
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Expert:  james bruce replied 7 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If you have a tenancy agreement, then the landlord must serve you the correct paperwork notice to leave the property. Until such formal documents have been served, then no notice has been served.

Under current covid19 law, a minimum 6 months notice must be served by the landlord to take back possession of property. That 6 months notice starts once the former paperwork has been served. After the 6 months, if you still remain in the property, the landlord would then have to apply to the court for possession, if granted, you would be give a date by the court to leave. If you then still remain, the landlord would then have to ask the court for eviction. Once that is served then you have 14 days to leave before bailiff comes in. So until the landlord serves the paperwork, you have nothing to worry about. Once he does that, then six months notice must be given. So if that happened today, you would have until mid April. Then he would need to go to court. So realistically you would have until possibly next May/June or even later.

Customer: replied 7 days ago.
Thank you. What happens after if I wait till eviction. What shell I do next. I live in this country 25 years and I never asked for Council flat. In this case I wish to wait till the end and ask for Council flat.
Expert:  james bruce replied 6 days ago.
Sorry but i can only answer on the landlord matter. I do not deal with council housing. You would need to ask that as a new question. But i would advice speaking to council soon to get on the list.