could I be evicted??

[kaylou]

I originally moved into a council property about 4 years ago, It is a 3 bedroom maisonette and I applied with my partner and 2 sisters, I split from my partner about a year back, he moved out. My sisters were on holiday when I moved in, and as my mother had an accident they had to stay abroad to help look after her. They have still not returned and may be returning at some point next year. I am a full time student and am not on any benefits and pay all my rent myself by using my student loan. I was not aware that as a sole resident I would be exempt from paying council tax.

However, the council have been sending me letters and are trying to establish the situation, I was wondering that under the current circumstances can I be evicted? as the property has 3 bedrooms even though I am not claiming any benefits? I have also looked at the tenancy agreement and I am not in breach of any of the conditions either, but I am a bit worried.

 

[kat1988]

as far as I'm aware you won't be evicted, however you should let the council know who is living at the property ie take your ex's name off the tenancy at least, I'm not sure if u can count your sisters as living there atm either. the only problem u may come across as far as I can see is if your sisters can't be classed as living there the house will be under occupied (1person to 3bedrooms) and they may get u to downsize, there are new rules coming in April about councils and occupancy but I'm not sure on the specifics xx

 

[Doob]

You're probably best talking to them and finding out exactly where you stand x

 

[Cantstop]

If your name is on the tenancy agreement you can't be evicted. You may need to update them as to your situation though. Since you don't claim housing benefit the under-occupancy charge coming in in April is not relevant to you.

Also a sole occupant you would be eligible for a 25% reduction in council tax not a full exemption (or else everyone living alone wouldn't have to pay council tax!), but as a full time student you will be eligible for a full exemption

 

[meggymum]

It's right they cannot just evict you if you are on the tenancy. However, a lot of council's now exercise their right to move you into a property that is befitting of your situation. Ie a 3 bedroom place for 1 person is not a good fit. There will be a lot of families on the waiting list for places like that. Considering your sisters have been gone a while they may have violated the tenancy (quite often in the small print they say things like if you are to vacate the property for more than 6 months you have to declare it) and in which case they will definitely look to move you into a smaller place if they get wind of it. This happened to someone I know so I can vouch for the fact that it definitely does happen so be wary.

Just something to bear in mind.