Abimbola Badejo's posts
Posted in: Succcesion of my father tenacy
Sadly common since does not often come into the equation. The legal position is that the council can ask the court to make an order for possession of the property provided they can show that suitable alternative accommodation would be available when the order takes effect. The court will need to be satisfied that it is reasonable for an order for possession to be granted. If you try to exchange the council are likely to refuse on the basis that you are likely to be subject to possession proceedings imminently. It seems arguable that it will not be reasonable to make an order for possession in circumstances where you have found a family that would not be underoccupying the property. I think you should discuss matters with the council and if they don't move on their position, I suggest you seek further legal advice.
If your tenancy agreement permits it, you can rent out part of the premises, typically a room. The tenancy agreement will require that you obtain the consent of the landlord. You will then be a resident landlord which means that your tenant will have no security of tenure meaning that you will not require a court order to recover possession. The obvious pitfall is sharing with a complete stranger and as the landlord you will be responsible for repairs and it will not be a defence if your landlord fails to repair promptly. Also you must declare this tenant to housing benefit department, if you are in receipt of housing benefit and you are bound to have your benefit reduced.
Posted in: Help with secure joint tenancy
I am able to advice you as to the way forward but will need more details. If you check my details online you will find out how to get in contact with me. I will of course need to see all the papers.
Posted in: The ECHR and the UK housing crisis?
Interesting question that raises a lot of issues. The point to bear in mind is that your private landlord has some tights under human rights legislation. Also your private landlord is not a public body and therefore not subject to human rights legislation which only affects public bodies. I believe that there are some cases coming going through the courts at the moment challenging the role of the courts as a public body in the context of when a private tenant is facing eviction. I am not too sure how that case will deal with the wider issues which your have raised.
Posted in: Succession of tenancy
Rashna sorry about your loss. Unless the tenancy agreement allows for more than one succession, only one succession is allowed and as you have pointed out that succession occurred when your mother became the sole tenant of the premises. Your best bet is to try and negotiate with the landlord for some more time to move out. If your do not move out the landlord will have to go to court and get a possession order. Even after an order has been obtained the landlord will need a bailiff to evict you. These things do take time which will hopefully give you time to save a deposit and look for suitable alternative rented accommodation.
Posted in: Death and succession rights
Sorry for your loss. This is a very difficult case. As has been pointed out your sister will need to claim succession rights in respect of this property but she can only do so if she lived with your late mother at your mother's house for 12 months before your mother died. She must prove that she lived with your mother and her residence thereat was as her principal or only home. This is likely to prove difficult given that she already has a council tenancy. Your sister will need to prove in effect that in the 12 months before your mother died, she stayed with your mother and your mother's property was in effect her home. I suggest that your sister consults a solicitor who has expertise in this area so that all the evidence can be considered. Although I have stated that your sister's position may be fraught with difficulty, it is important that the evidence is examined before she is given some concrete advice as to her position. If she is unable to establish residence for the requisite period, I doubt if sympathy will come into the council's thinking simply because of the chronic shortage of accommodation of that kind compared to the number of families with pressing need for that sort of accommodation.
Posted in: Adjourned on Terms
The case will remain adjourned so long as the tenant complies with the terms of the adjournment. It is not unusual for some judges to impose a further term to the effect that if the claim is not restored by a certain date in the future the claim do stand struck out.
Posted in: help
Questiuon 1 none. Question 2 report to police or consider applying for an injunction but you will need a solcitor to assist you in applying for the injunction. You also need evidence
Posted in: help
Every person has a right to fair trial in the determination of disputes before the courts. A person will not get a fair trial if they cannot understand the court proceedings. So an interpreter will have to be provided in circumstances that you have described.
Posted in: DV and terminating joint tenancy
The Council are wrong on this. Allocating you to another property does not automatically end your joint tenancy. The joint tenancy can only be ended by notice to quit served by one tenant or by an order of the court. As a joint tenant you cannot surrender the tenancy. I know its all getting technical but those are the rules.
There is a very simple solution to your problem. All that is required is that you serve a notice to quit. The notice must give at least 28 days notice and expire on a Sunday or Monday. This brings the joint tenancy to an end. The Council can them move you on and deal with the management problem created by your ex-partner remaining in occupation. That potential management problem should not prevent the council moving you on provided your current joint tenancy is terminated properly. Go and see a solicitor to help draft the notice and take it to the council but do not serve it until they assure you that you will be allocated suitable accommodation and make sure that is confirmed in writing.