Due in Court Over My Home

[kindguy]

Hello, Here is a quick outline of my situation I would welcome any input, moved into 2 bedroom flat in 1984 with my two parents when I was about 9, I left when I was 19 and returned abotu 3 years ago to look after my then mentally ill father, my father in Aug of this year gave up the tenantance of the flat in part to his mental health issues, I wrote to the council at the time my father gave up the flat to inform them that I would be taking over the flat, I appear on the orginal tenantance agreement as a person legally allowed to stay there, I would just one complicating matter, In Aug of last year just before my father gave up possion I was found to be growing two cannabis plants for my own personal use and last month I was convicted and sentanced to 70 hours com service for this offence. So in a nut shell I have been served papers for court to get out of this flat which has been my famliy home for 20 years but I have grow "cannabis" there which I guess is a matter of public record, there is no mention of this on the councils served papers, I have read a bit about this legal matter and think it would not be "resonable" given I am a sort of secure tenant (through my fathers orginal tenantace) to just kick me out, I think it would be resonable to rehouse me into a one bedroom flat, what does the answerbank community think do I stand no chance, I think as I have lived there for so long and so what if I grew a couple of plants, the rent is being paid they issued me with a tempary one and I have received my council tax forms and have registered in the electoral register at the flat. Any questions and if any body can recommend a good housing solictor for me please post it here.

[kindguy]

One last thing I grew the plants for my own personal use to help me cope with my depression, I was under a LOT of presure, I have sinced stopped and just want to stay were I live and pay my bills, I think all things considered it would not be resonable to just kick me out on to the street, input/comments?

Kind Guy 

[brawburd]

think your first port of call needs to be Citizens Advice.

[smudge]

I'm sure your local CAB would give you sound advice. If they feel you will benefit from consulting a Solicitor, they will tell you so. Good luck.

[ianess]

From reading your original post it doesn`t seem that you have joint tenancy with your father and the council may just be treating you as a lodger. In that case they`ll assume that when your father`s tenancy ends then you`ll be moving on.

You need to get professional legal help ASAP.....Yellow Pages or similar will give you local information.  Best of luck.

[fasc]

let them serve the papers for eviction and take you to court. All councils should have their own housing advice team that works independantly from the council and they will be able to give you the representation you need. 

You do have rights even though the tenancy is not in your name ask the council for written documentation of the reasons why you are going to be evicted and don't let this go ... very important keep all copies of anything you take to the council (written) and ask for receipts , they can't deny you this.  Also p[hone the housing benefit team and ask for the phone number for the housing support team generally they support people who are in threat of loosing their tenancy and can make new applications for housing for you if you require. 

Goodluck help is there you just have to find it but this is a good start... i used to work for a housing support team if your wondering. 

[AndyVee]

Just a quick question, have you actually been to the housing department and spoken with anyone? Sometimes a lot of trouble can be avoided by having a reasonable and rational discussion with the people at the housing office. It may be that they are unaware of your situation anda as others have said, are simply acting as if they assume that you are a lodger.

All the best.