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I have previously posted about a dispute my parents have had with LL who has had little to do with the property they have rented for the last 35 years. Fast forward to today, LL has applied for fair rent which was registered and the LL has finally brought the property to a safe standard following involvement from the local council. We have received a new bombshell.. that the LL has applied for a possesion order under a notice of seeking possesion of a secure tenancy (NOSP). Under grounds 3, 4 and 10. I googled and found below: Ground 3 – Deterioration in the condition of the property The tenant, or anyone else living in the property, must have caused deterioration in the condition of the property or common parts. If damage is caused by a lodger or subtenant of the tenant (without the tenant's consent), possession will not be granted if the tenant has taken reasonable steps to evict that person. Ground 4 – Deterioration in furniture provided The tenant, or anyone else living in the property, must have caused deterioration in the condition of furniture provided by the landlord in the property or common parts. Where damage is caused by a lodger or subtenant of the tenant (without the tenant's consent), possession will not be granted if the tenant has taken reasonable steps to evict that person. Ground 10 – Demolition or major works Where the landlord intends either to demolish or reconstruct or do works to the property and needs possession in order to do so. The landlord must prove that it intends carrying out works and such work cannot reasonably be carried out without obtaining possession.[2] If the tenant agrees to vacate the premises temporarily while the works are carried out then there may be no need for possession. The displaced tenant will normally be entitled to compensation.[3] See Problems during repairs for information on compensation for loss of home. My question is, following the fair rent register and an agreement that parents were covered under the 1977 rent act we were under the impression this is a regulated tenancy, not a secure tenancy?? or is there no difference? Its a private rent, not through housing association and the property has just been deemed as safe under by the council. We have also never been approached by the LL to say they felt that my parents have caused any damage or deterioration in the condition of the property. If anything, over the years it has vastly been improved by my parents. We raised safety issue to the council following repeated attempts for LL to repair the dangerous electrics and blocked drains. If there is no difference in the tenancy types, what should our next step be? any thoughts? More info if needed in my original thread https://www.consumeractiongroup.co.uk/topic/421879-major-repairs-to-letting-of-a-sitting-tenant/?tab=comments#comment-5064284 -
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ok will do. Thankyou , really helps me guys. -
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Keep in mind also that the companies in administration are currently at the moment putting plans in place to change reporting depending on IRR Claims etc / Criteria set out by the Administrators.
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