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How do I evict an assured tenant


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I jointly own a 5 bedroom property which we let individual rooms. In 1991 we obtained planning permission for three flats and instructed our managing agent to give everyone 6 months notice to quit and have the property empty by march 1992. The agent then informed us he had a allowed a single mother with 5 children into the property with out any form of shorthold tenancy agreement. We took him to court regarding this an rents he held on our behalf, he went bankrupt had everything in his wife's name to we were left with a tenant without an agreement. Over the years she has been behind in her rent and we have a court order instructing her that she can be evicted if she is behind by two months. However she waits until the last moment until she pays. There have been a few unsavoury incidence such as drugs on the premisis and a caution. She complains the house is too big and the utilities high as she is there(allegedly) on her own now and doesn't get so much housing benefit. We have offered to move her and pay her first 6 months rent. She has yet to find something suitable. I now need the money from the sale as I one of us are currently unemployed and cannot receive any benefits as they own this property. Although vacant properties sell for approx £180k swift capital, who say they deal in this type of property offered £105k. but, when we came to exchange, they changed their offer to £82k so that was a wasted exercise with solicitors costs etc. . Can anyone help in the best way to regain possession of our property??

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Go back to court citing that rent is repeatedly late ( ground 11 ).

you can find her an alternative accomodation and pay as you say ( ground 9 ) risky!

Breach of tenancy ( drugs etc ) (ground 12 ).

Tenancy agreement will be deemed to be an AST in the absence of anything else and the standard terms therein.

Unfortunately this can all take a while.

You can post on the Landlordzone site, they may have other ideas to help you.

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Go back to court citing that rent is repeatedly late ( ground 11 ).

you can find her an alternative accommodation and pay as you say ( ground 9 ) risky!

Breach of tenancy ( drugs etc ) (ground 12 ).

Tenancy agreement will be deemed to be an AST in the absence of anything else and the standard terms therein.

Unfortunately this can all take a while.

You can post on the Landlordzone site, they may have other ideas to help you.

 

Tenant moved in between 15 January 1989 and 27 February 1997

 

Unless notice s20 was issued at start of tenancy say this is a AST,it's a Assured tenancy

 

Persistent delays in rent payments is discretionary ground for possession

 

More than eight weeks rent arrears is mandatory grounds for possession

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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She is very clever now as she holds the rent back until the last moment and they pays something. Am I able to increase the rent as its only gone up from 600 to 750 in 20 years and the average in the area is 950- 1050 a month

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You would have to check whether a 'fair' rent has ever been registered by local rent officer of Council.

There is a UK register website, searchable by address. Ts who moved in over 1988-94 transition period can be a legal nightmare for LLs.

If a 'fair' rent has been registered at anytime, you will have to apply to Rent Officer/VOA for a new determination based on change in RPI.. One VOA person did appear to suggest at a LL show that regulated rent Ts could be voided if LL spent a sig % on property improvements. not nec repairs.

 

It is not clear when this T moved in and whether you or solic have the original TA, even you accept it is an assured T.

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OP has told us of problem T but with no clear indication when T started, pre 1988, 88-95 or post 1995, or why LA failed to provide a written letting agreement

 

We need precise T timelines. Did LA allow T to recently rent whole property,or a single room sharing facilities with other contractual Ts and when?

 

The LA appears less 'prof' than T.

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You can post on the Landlordzone site, they may have other ideas to help you.

 

http://www.landlordzone.co.uk/forums/showthread.php?50835-how-to-evict-an-assured-tennant

 

You would have to check whether a 'fair' rent has ever been registered by local rent officer of Council.

There is a UK register website, searchable by address. Ts who moved in over 1988-94 transition period can be a legal nightmare for LLs.

If a 'fair' rent has been registered at anytime, you will have to apply to Rent Officer/VOA for a new determination based on change in RPI.. One VOA person did appear to suggest at a LL show that regulated rent Ts could be voided if LL spent a sig % on property improvements. not nec repairs.

 

It is not clear when this T moved in and whether you or solic have the original TA, even you accept it is an assured T.

 

If the tenant moved in before 15th January 1989,it would be a Regulated Tenancy http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/regulated_tenancies

 

If the tenant moved in between 15 January 1989 and 27 February 1997 and the landlord did not serve a notice (s20 at the start of the tenancy ) saying that you have an assured short hold tenancy,the tenant would have a Assured Tenancy http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

 

 

She is very clever now as she holds the rent back until the last moment and they pays something. Am I able to increase the rent as its only gone up from 600 to 750 in 20 years and the average in the area is 950- 1050 a month

 

locco lady

 

Can you enter full post code into below link and click Find

 

https://ebusiness.voa.gov.uk/err/

 

and let us know what it show if anything ? don't post any personal details

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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The LA allowed her in in 1982 without my permission or knowledge and without any form of agreement to have the whole house(I have no idea why, incompetence ?). As I explained before; he folded the LA and there was no recourse.

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The LA allowed her in in 1982 without my permission or knowledge and without any form of agreement to have the whole house(I have no idea why, incompetence ?). As I explained before; he folded the LA and there was no recourse.

 

 

Regulated Tenant http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/regulated_tenancies

 

 

  • you moved in before 15 January 1989, and
  • you pay rent to a private landlord, and
  • you have control over your home, so that your landlord and other people cannot come in whenever they want to, and
  • your landlord does not live in the same building as you, and
  • you do not receive board or other services such as cleaning.

 

The tenancy then is governed by 1977 Rent act as amended

 

Couldn't seem to access this link.....probably me!!

 

 

 

Should work !

 

https://ebusiness.voa.gov.uk/err/

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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http://www.voa.gov.uk/corporate/_downloads/pdf/100706_registered_rent_fact_sheet_PRINT.pdf

 

try that 45002's link appears to try to link to where someones logged in

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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At OPs request have removed the post containing the link as well as pre refs to it to avoid any confusion.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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At OPs request have removed the post containing the link as well as pre refs to it to avoid any confusion.

 

Thanks Martin

 

I was trying to post a screenshot of this website

 

https://ebusiness.voa.gov.uk/err/

 

Working using Firefox,but something went wrong !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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As your tenant is a Regulated Tenant under 1977 Rent act as amended .

 

To be Blunt you have NO real chance of getting a possession order in court rent arrears in a rent act tenant, a possession order is discretionary.

 

You the landlord have to prove to the court rent arrears and the tenant is persistently deliberate late with the rent.

 

A court case would be very expense to you the LL if you get it wrong and lose the case !

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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What about redevelopment? I have lapsed planning to convert into 3 flats which I could try and revive or the fact the police have confiscated money as a result of suspected dealing in drugs on the premisis. Also I believe the tennant is assured as she moved in 1992 ..... I am thinking of selling at auction

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What about redevelopment? I have lapsed planning to convert into 3 flats which I could try and revive or the fact the police have confiscated money as a result of suspected dealing in drugs on the premises. Also I believe the tenant is assured as she moved in 1992 ..... I am thinking of selling at auction

 

Redevelopment/planning permission is Not ground for possession on a Regulated tenant.

 

Has the tenant been convicted of a serious criminal offense then ! if No again you have No chance of a possession order

 

The LA allowed her in in 1982 without my permission or knowledge and without any form of agreement to have the whole house(I have no idea why, incompetence ?). As I explained before; he folded the LA and there was no recourse.

 

You said they moved in 1982,which is Regulated Tenant

 

If you sell up your have to sell with Regulated Tenant in place,they Do not have to move out because you want to sell up....

 

You need to seek and consult a Solicitor who specializing in housing law.

 

Good luck

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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sorry my typo its 1992 as per my first post..

 

jointly own a 5 bedroom property which we let individual rooms. In 1991 we obtained planning permission for three flats and instructed our managing agent to give everyone 6 months notice to quit and have the property empty by march 1992.

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sorry my typo its 1992 as per my first post..

 

jointly own a 5 bedroom property which we let individual rooms. In 1991 we obtained planning permission for three flats and instructed our managing agent to give everyone 6 months notice to quit and have the property empty by march 1992.

 

Assured tenant then No 20 issued at start of tenancy !

 

You Still need to consult a Solicitor specializing in housing law to get it right or face a huge legal bill...

 

Good luck

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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OP did post on LLZone at http://www.landlordzone.co.uk/forums/showthread.php?50835-how-to-evict-an-assured-tennant but has not replied to any advice offered. Again OP clearly stated T commenced 1982. Hence the limited replies?

 

I jointly own a 5 bedroom property which we let individual rooms. In 1991 we obtained planning permission for three flats and instructed our managing agent to give everyone 6 months notice to quit and have the property empty by march 1992. The agent then informed us he had a allowed a single mother with 5 children into the property with out any form of shorthold tenancy agreement. We took him to court regarding this an rents he held on our behalf, he went bankrupt had everything in his wife's name to we were left with a tenant without an agreement. Over the years she has been behind in her rent and we have a court order instructing her that she can be evicted if she is behind by two months. However she waits until the last moment until she pays. There have been a few unsavoury incidence such as drugs on the premisis and a caution. She complains the house is too big and the utilities high as she is there(allegedly) on her own now and doesn't get so much housing benefit. We have offered to move her and pay her first 6 months rent. She has yet to find something suitable. I now need the money from the sale as I one of us are currently unemployed and cannot receive any benefits as they own this property. Although vacant properties sell for approx £180k swift capital, who say they deal in this type of property offered £105k. but, when we came to exchange, they changed their offer to £82k so that was a wasted exercise with solicitors costs etc. . Can anyone help in the best way to regain possession of our property??

 

Sorry again ..... this was my first post with the 1992 date

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Can anyone help in the best way to regain possession of our property??

 

Yes

 

Assured tenant then No 20 issued at start of tenancy !

 

You Still need to consult a Solicitor specializing in housing law to get it right or face a huge legal bill...

 

 

Or http://www.landlordzone.co.uk/forums/showthread.php?50835-how-to-evict-an-assured-tennant

 

Good luck

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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