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I transferred my home rights to another property

  • polar
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3 years 4 months ago #492661 by polar
I agree with LMM on NOT listening to the council housing department.They are stretched to breaking point and their advice tend to 'get you to go away' rather than solve a housing issue.

One very important point here would be the rental house being let to your daughter.
To get it through the court process for eviction there must be a tenancy agreement and a hearing. The tenant has the right to object during that hearing but most never turn up. There are 2 processes for getting a property back. A S21 and a S8. Your daughter should be aware of the one used .

It is common for councils to tell tenants to sit tight until the bailiffs turn up which is in fact incorrect. If you have watched High Court bailiffs work on ''Cant pay, we will take it away'' you will hear that the tenant gets a knock on the door with virtually instant eviction and they all say that they have been waiting for info from the COUNTY court.

What tenants don't realise is that landlords can claim back all costs from the tenant including storage fees. This soon adds up to 1000s.

Once evicted the tenant can go to the council for help. The simple fact is that councils do not have spare houses any more and the best that is offered is a room in a shared house. (absolute hell so Im told)

Now if there was a tenancy agreement then being evicted will cause a multitude of problems.

Renting a house costs about three times the rent to get the keys. Deposits, credit check etc. Agents will be loathe to rent to anyone who has a court judgment against them.Credit records change and as a result all credit becomes a problem.

One point that is crucial is that all adults living in a rental property (including older kids) must be listed on the tenancy agreement. If you are living with them you most certainly won't be listed and therefore have no tenancy rights. This may pose some problems for you getting temporary digs. Councils have to do something if you have kids but its basic.

As for matrimonial home. Only one property can be registered as a matrimonial home because the matrimonial home is not subject to capital gains tax (at the moment) but investments and rental properties are.

Housing, rentals, ownership etc has become a legal nightmare these days and is not for the faint hearted.This is why most landlords I know are selling up and creating a greater shortage.

As a side issue. It is your daughter who will have the eviction against her so you may be able to rent privately in your name and have the other occupants listed on the tenancy but again this may depend of credit checks.

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  • Vybz
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3 years 4 months ago #492826 by Vybz
I took my husband to court to 'stay an eviction' as he is not my landlord a couple of weeks ago. The Judge ruled in my favour and stayed the eviction as my husband should have disclosed that I live in the property when he applied for the possession order against my daughter and he was notified that I had 'transfered my 'home rights' to that property. The Judge told my husband and I that we need to get legal advice as there is alot of money involved as there are 3 properties in our marriage. I will be seeing a mediator in a few days regarding the best way for us to move forward.

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