Q. I recently lost my job and, because I was worried about losing the house to the Bank, I sold my house to a property speculator who said he would rent it back to me and I would be able to live there for as long as I wanted. I was given a 12 month tenancy which has now come to an end and I have received an eviction notice saying that, as the 12 months has passed, they now require me to leave. Is there anything I can do?
A. Firstly, you cannot be made to leave without a court order so you are safe until then. Generally speaking, assuming that you were given a "shorthold" tenancy, then your landlord is entitled to ask the court to evict you at the end of that tenancy. However, there have been cases recently in the courts where tenants in a similar position to yours (for unfortunately you are not alone in your predicament) have been allowed to stay in their properties with the landlords claims for possession being rejected.
To establish the right to stay you need to prove to the court that a promise was made to you that you could stay and that you relied upon that promise and acted to your detriment (which you did by selling the property at a discount). We assume that you are not in rent arrears and have not breached the tenancy in any other ways because if you have then the court would be less sympathetic to your plight.
Although you have a good argument here, it is vital that you seek the guidance of expert y legal advice as a matter of urgency to maximize your prospects of succeeding. Please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
