Local Council Have Advised To Claim Squatters Rights!

greeneye

Sorry If I've posted this in the wrong place - if someone wants to move it to the right place please feel free.

Just had a quick chat with my my uncle on the phone with a problem he's got with his local council.
He and his family have been renting a house on a mainly council estate for a number of years from his wife's brother who emmigrated.

At the beginning of the year his wife's brother let them know that he wanted to sell up. My uncle went to the council to see if they could get a council place preferrably on they're estate so the kids don't have to move schools. And seemingly got a positive response but was told he had to wait until the house was actually offically sold.

The house has know been sold so back to the council to be told that as there isn't an official tenancy agreement in writing (apart from an intial short contract in 1997 which was never renewed) rather just a verbal agreement between family members they are not officially homeless so won't be getting said council house and as there is nothing in writing (about their eviction) and given the number of years they have lived there that they should claim squatters rights and stay put!

Which obviously they are not going to do.
Don't know if they ever actually had anything in writing from the council with regards the promise of housing but is the stance the council taking actually legal? And if so what are his options (apart from private renting - he's concerned about short term leases and having to move his family on a regular basis and would probaly have to move out of his area).

With hindsight it seems apparent they probably should have got a tenancy agrrement drawn up and eviction notice served before the house was sold. But as it is know sold that obviously isn't an option.

I don't know too much about council housing policy/law but wondering if there's any legal flaw in the council's stance or any loophole he could exploit?

violetmva

Hi,
when we became homeless for the same reason - selling of the property we were in - we asked the landlords for a letter in which they stated that we have to leave the property in one moth. I guess if your relativess ask the new owners of the house to write them a letter then the council should accept that they are not making themselves homeless on purpose and will give them something temporary. Are they registered on the housing list? If not they should register immediately. Hope this helps.

real1314

Basic flaw in the councils attitude is that under English law contracts do not have to be in writing, they can be verbal.

Get the owners to write a letter advising the occupants that they must vacate by --/--/-- under the terms of the tenancy as agreed.

If the council then ask them to breach these terms, ask the council to put it in writing. And point out to them that this would be binding advice on any council tenant who is asked to leave

bestpud

A friend was recently in this situation and was told by the council that it was cheaper for them if she stayed put and let the owners take her to court. They said they would pay all her court costs etc and meanwhile, she'd have more time to apply for local authority housing.

Mad I know, and doesn't it explain why private landlords are so reluctant to take people on housing benefits? My friend was gobsmacked to say the least but the council insisted this was their policy in such cases!!!

minimadtrix

Yes, I can confirm that this is the case. We had a property with a tenant staying in it - we decided to sell and the Council told her that the only way they would rehouse her was if we took her to court under an accelerated scheme.

As soon as the tenant received a letter from the court telling her that she has to leave by a certain date and the council rehoused her by that day!!!