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John
John, Solicitor
Category: Property Law
Satisfied Customers: 2490
Experience:  10 years legal experience
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I am a landlord with a tenant currently living in my own

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I am a landlord with a tenant currently living in my own property. Her contract expires on Tues 9th, I was due to move into the house later this month.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: I was advised last Tues that she has nowhere to move to, and the council have advised her to stay put until evicted by court.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The property is in Wiltshire. Warminster.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not as far as I know. She has a disabled son, which has caused the difficulty with her finding somewhereCustomer: Chat is completed

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Thanks for your message I appreciate it is important to you. Do you have a question in relation to this?
Customer: replied 4 days ago.
That’s fine. 2 questions at the moment. I think I have no option other than to go down the court route, even though I will be homeless and sleeping on sofas myself!
1 While she’s in my house, post-contract, should she pay rent, or will that entitle her to stay there?
2 Also - as it is Wiltshire council’s advice that she stays, would I be within my rights to speak to someone there and rattle their cage, pointing out the knock-on effect on me?
Where are you staying now? To address your questions:

1 - Yes she will be liable for rent as per the original contract for the duration she resides in the property.

2 - Yes you may do so and let the council know of your situation. As she is facing homelessness with a disabled child she classifies as “Priority” and they should be able to provide emergency housing. This is obviously more convenient as she would get accommodation and you too, would not need to be homeless and the council will be aware of this.

I hope this helps?

Customer: replied 4 days ago.
That’s very helpful thank you. At the moment, I am in rented accommodation in Bourne, (had to be in this area for work), but having just retired, I want to move down to my property in Wiltshire. Removal firm has been booked and paid for for weeks. Connells have been managing this tenancy, and have been useless!
Ok I see. The same will apply to you in terms of eviction ie you can play hardball and wait until a court order is received before moving. But, it may be best to speak with your landlord and / or agency to inform them of the situation. Do not forget there are redress schemes which all agencies belong to so if they’re not acting in accordance then you may report them to the redress scheme they belong to. 

But I agree speak with the council in Wiltshire and there is no need to disclose to them you are in rented accommodation just let it be known you too, will also be homeless and let them know of the fees you’ve incurred for removal and suggest slightly they’ll be liable for these fees if they do not place your tenant in emergency housing as soon as possible.

Customer: replied 4 days ago.
That’s really helpful and good to know. Thank you so much. That’s all I need to know, or can cope with, at the moment, though I may come back another time when more questions arise.
Many thanks.

I am glad I was able to help. Have a great day.

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