tenancy

[rushley5]

my husband and i live in a house rented from the MOD but are not service personnel, tenancy is in his name only and now MOD want to sell as house is they say ''surplus'', can myself and our 2 children who are both over 18 refuse to leave as not bound by any tenancy agreement? have lived here over 12 years and do not want to move but new owners may only offer 6 month let/ urgent answers neede as house up for auction next month!!

[undercovers]

read your tenancy agreement - the only possibility (and it is very unlikely) is that you possess an "assured tenancy" RATHER than an "assured shorthold tenancy", as the former prevents eviction - though as i said these are very VERY rare as they are not really in the landlords interest.

As for remaining in the property after given notice to leave then you would become squatters - and the landlord wouldn't have very much trouble removing you from the property.

check your tenancy and see what it says - if it is for a short period then under a new owner it would surely be the same - unless they wanted you out the property and then unfortunately you would all need to go...

hope it works out for you all

Undercovers

[themas]

You say you are not bound by any tenancy agreement. Can you say what the conditions are under which you occupy the house. There should be an agreement of some kind, and it should be in writing. If you have not got one, how have you been paying the rent - cash or direct debit etc.- and have you got proof of payment.

It is just possible that, if there really is no agreement, you might have some security but I wouldn't bet on it. Its equally likely that you could be licensees without security at all. You might need a solicitor, but first post here again with more info about the tenancy arrangement.

[stanleyman]

Have you thought about buying the house yourself? You could deal direct with the MOD as a sitting tenant. There are various schemes to get you on the property ladder. If you go somewhere else the rent is very likely to be similar to a mortgage payment anyway unless you can go into local authority housing. Well worth checking this out. The local council I think can help with part rent/buy.

[undercovers]

it does seem odd to pay rent for 12 years - stanleyman is right you should consider buying it, if you can afford the rent surely you can afford the mortgage... some good deals out there if you shop around.

[Fulton]

Can you not buy it under the Right to Buy laws that the Conservative government introduced some years ago? I lived in a prison service quarter, and they became surplus, so my wife and I bought it with a discount similar to that of council house tennants.

At the very least, I think you need to speak to a solicitor as soon as you can, and try the CAB on

http://www.citizensadvice.org.uk/

Good luck