Notice to quit - Flat

[tenant25]

Hi all

I have been given a notice to quit my council flat. I am living at this council flat for the last 25 and always pay my rent on time with direct debit. My godson is living with me the last 5 years and he is registered with all the necessary paper given to the council before moving in. I have married my husband 4 years ago and he is also registered to live with me at the flat. He had a house 40 mins from the flat and then he sold it to buy a new one 3 hours away from the flat in the countryside. When he bought the new house he also wrote my name as half of the owner. I just visit that house for some holidays and relax during some weekends as it is in the countryside. Most of the time i am staying in the flat. The residents of the other flats can confirm this.

I have received a notice to quit from the flat with some ground that are incorrect and ridiculous. Their main reason is that the flat is not my main house and secondly that I am subletting the flat. Both of them are wrong and just nonsense. They run a credit check and found out that i am an owner (50%) of the other house and that I have some bills on my name at that house. This is the only information they have and where they base the notice to quit. I am living in the flat and taking care of it the last 25 years and now they are asking me to leave it just like this. I have problems with my husband and doesn't know what will happen in the near future.

Can you please advise me what to do.

Thanks

[thesaint]

Why would they run a credit check on you?

You need to see someone urgently, I suggest that you see the C.A.B and/or Shelter about it.

[tenant25]

I think it is because they are trying to sell the flats and they run a credit check on all the residents.

[thesaint]

Have you called them and asked?
Do you know that they have run a credit check, or are assuming?

[tenant25]

I know that they run a credit check.I called them and they said that they have all the evidence to force me to leave the place. So the evidence that they have is that i am owner of another property(which is basically the other house of my husband which he bought) and that i have various finances (bills) relating to that property. We will have an interview with them in few days.

[thesaint]

It does not seem that they have run a credit check.

You say your husband wrote your name as half owner. Am I to believe that you did not sign anything saying you was also an owner?
In fact, I wouldn't answer that, but seek legal advice.

[ram]

Council houses / flats are for people who cannot afford to own property.

1) You own property.
2) Your husband owns property.
3) you both have a house in the country.
4) You visit that house for holidays and also some weekends.
5) you pay bills at that house.

6) The council will say you have a house that your husband and you own, so you are adequately housed and therefore there is no need for the council to subsidise your living expenses.

They are entitled to state point 6 and have you leave the council flat.

[theartfullodger]

What haven't you told us please?? Is there perhaps the slightest hint that you have not been living to the property - rather than just having the odd weekend in the country away??

What sort of tenancy is the most recently signed one - Secure?? Who is named on that tenancy as tenant?? "Registered to live there" is not the same as being named tenant. What rent have you accepted from Godson?? Have you declared it to HMRC tax man??

Which country is this house "in the country" of you & your husbands, please??

If you are so confident the notice is wrong let them take you to court for eviction.

Why would I think the council has a strong case??

Cheers!

[tenant25]

Firstly that house is not my permanent or main house. I didn't buy that house but my husband did with his own money. Secondly I am not having a good time with him and i am not sure if i will get a divorce any time soon. Thirdly i am living most of the time in my flat and the residents of the other flats can confirm it.

[theartfullodger]

Thank you for your response:

Well, you've obviously nothing to worry about then, so see the council in court then.

So that we may better help you, could you possibly please answer...

What sort of tenancy is the most recently signed one - Secure?? Who is named on that tenancy as tenant?? "Registered to live there" is not the same as being named tenant. What rent have you accepted from Godson?? Have you declared it to HMRC tax man??

Cheers!

[tenant25]

Hi

I do not know what you are trying to achieve by saying this! What do you mean by secure tenancy? He is accepted by the council to live with me and of course he is not paying any rent so nothing needed to be declared. Anyway this is not the problem.

Thanks

[theartfullodger]

Hi

I do not know what you are trying to achieve by saying this! What do you mean by secure tenancy? ...s

See...
http://england.shelter.org.uk/get_ad...ouncil_housing

It is a type of council tenancy: In my experience council tenants are very aware of the types & differences - that you are not is odd.

There are at least these types...

Introductory council tenancies

Secure council tenancies

Demoted council tenancies

Flexible council tenancies

These various sorts of council tenancies, they have different rights & different eviction procedures.. and operate under different laws. If you have been there 25 years I would expect it to be a "Secure tenancy".

If it is not too much trouble, so that we may help you, would you kindly go and look at the most recent tenancy signed and please let us know...

What sort of tenancy is the most recently signed one - Secure??

...&

Who is named on that tenancy as tenant??

..&.///

. What rent have you accepted from Godson?? Have you declared it to HMRC tax man??

If you would prefer not to give straight answers there is not much we can do..

Cheers!

[tenant25]

Yes, it is a secure tenancy, it is in my name and as I said before I never received any rent from anyone.

Thanks

[theartfullodger]

So, let me check, it is in your name only, no other named tenants..

Do you understand about succession rights??

[tenant25]

Yes, what about succession rights? what does this have to do with this case?