Assurred Tenancy

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    Assurred Tenancy

    Hi,

    My partner inherited a HMO from her mum. The house had three tenants in at the time and over the last couple of years two have moved out. We have asked the last one if he would be prepared to move out, as the house is hundreds of miles away from where we live. We have said he can have suitable notice in order to find somewhere and offered to cover his moving costs. But he states that he has an assured tenancy and can live there for the rest of his life, is this even possible for someone renting a room in a house? He has never had a tenancy agreement as my partners mother did everything by agreement. But we are in contact with the other tenants that can confirm the arrangements at the time.

    He is also refusing to let us in to do work in order to secure other tenants, cause he doesn’t like living with anyone else. Can anyone give us some advice on our next course of action.

    Many thanks
    G

    #2
    When did he 1st move in? If before 27th Feb 1997 he's probably right, as long as he doesn't breach his tenancy terms. Do you have a copy of his tenancy agreement?

    Was this a joint tenancy?

    Has your partner or yourself done any training in landlord/tenant law please?

    That you are hundreds of miles away makes no difference to the law. Is property in Scotland?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      You need to gather together evidence of what those agreements are. When did he move in, on what basis, how much was the rent agreed for, what was thre rent for etc.

      Did the 3 rent the whole house together on one (verbal) agreement, or were they supposed to be renting one room each with share use of kitchen, living room etc.? The other 2 are going to claim the latter otherwise they'll probably still be jointly liable for rent & damages etc. If it is room only, then he cannot stop the landlord from entry to said common areas, and he has no rights to use the other 2 rooms at all. If he is claiming that the rental is for the whole property, then charge rent as such. ("On that basis, you currently owe £XXYY from rent short over the last Z months where you only paid a third of what's due each month."

      When did he move in?
      1. Before 15 January 1989
      2. Between 15 January 1989 and 27 January 1997
      3. From 28 January 1997
      Generally speaking, you're going to have an impossible time evicting in the case of (1) which is the even more secured regulated tenancy. The default tenancy type in (2) is non-shorthold assured tenancy. For it to be shorthold, a landlord would need to have served appropriate notice before tenancy start, the tenancy would had originally been for a fixed term of at least 6 months. Default in (3) is assured shorthold, for it to be otherwise, the landlord would need to serve notice saying so.

      Yes, he could have an assured tenancy of a room, but you can charge market rent on assured tenancy, and for the whole house if that's what he claiming to be renting. It is possible to get possession on mandatory ground of rent arrears if sufficient rent is owing.

      You should get proper legal advice on what to do.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      Comment


        #4
        Hi,

        Thank you for your responses. The rent was for a room only with shared use of the kitchen and bathroom. There was never a tenancy agreement, my partners mother collected rent on a cash only basis. He states that he moved in in October 1996, but the only proof of this is a rent book he has sent us a photocopy off which is mostly in my partners mothers handwriting, except for the date which has been added to the top of the page, which is in a different hand writing. We are trying to get some sort of conformation from the tenants that have left as to the exact date. As they all moved in around the same time, one of which claims that it was 1999, but we have no evidence of this.
        I will search the Electoral Register to see if I can find out, with no tenancy agreement at all we have no evidence of any on the arrangements, only the word of the other tenants.

        The house is in England if that helps. He locked us out of the house at the weekend when we went down to start work on the other rooms. We had previously written to him to remove his things from the rooms he was not paying rent for, so that we could re-rent them. he called the police to say we were trying to break in. Fortunately had evidence of the letter we had sent and that it was 3 weeks after we had given him to remove his belongings so the police asked him to comply with the request that day. But, he is making it very awkward to get any work done on the house.
        Many thanks
        G

        Comment


          #5
          There is a tenancy agreement:. Entirely legal and OK. But verbal.

          You need proof of when he 1st moved in. And to install new tenants in other rooms very fast.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            We live in a society of thieves and scroungers. And the politicians have taught the thieves that it's OK.

            Comment


              #7
              Does anyone know a solicitor in the Hampshire area that actually knows what they are doing with this subject. We did go to one that spent 10 minutes flicking through his books and I could have googled the information he gave us.

              Many thanks
              G

              Comment


                #8
                How about counties either side?

                http://www.hlpa.org.uk/cms/find-a-housing-lawyer/
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                Comment


                  #9
                  WHEN DID TENANT 1st MOVE IN please?
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Hi,

                    When we asked him for proof of when he moved in he sent us a photocopy of a hand written rent book which was in my partners mums handwriting,except for the date he had added to the top which was in another hand writing saying Oct 1996.

                    Today we went to the local library and had a look at the Electorol Register, this shows him first on this in 1999, this fits with what the other tenants have said, so we think he is not being honest about the dates, at the latest he should have been registered in 1998 if he moved in when he is claiming.

                    thanks for your support
                    G

                    Comment


                      #11
                      Get witness statements from the two former tenants, serve s21 notice, bring possession proceedings, present witness statements and electoral roll as your evidence that he moved in ~1999 hence AST. If you want more evidence and can afford it, pay for expert evidence analysing the rent book handwriting.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      Comment


                        #12
                        Not being on the electoral roll really does not help. Someone else being on the roll., and that someone else testifying that he was not there might (and if he presents false evidence in court he could be in a heap of trouble -- not that scroungers in society worry much about that).

                        Comment


                          #13
                          Hi all,

                          we we received a letter today stating that our tenant would be willing to move out for a sum of money. Although not cheap, it will probably be less expensive that taking him to court.

                          His letter has come via a reputable source, but we would want him to sign something to reflect the agreement that he will move out on receiving this sum.

                          would this stand up in court should he renaige on his offer,?

                          if so do you have any advice on the wording of such a letter?

                          many thanks
                          G

                          Comment


                            #14
                            A contract to surrender would need to meet the requirements of the Law of Property (Miscellaneous Provisions) Act 1989, section 2, in additonal to normal requirements of a contract (offer, acceptance, consideration, intention to form legal relation).

                            The contract itself would not cause the tenancy to terminate. You'd still need to get a surrender, whether explicit or implied. If he renege on the contract to surrender, you'll have a claim for breach of contract but you'd still have to worry about how to end the tenancy.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            Comment


                              #15
                              Was he a lodger? Did the deceased mother in law live there too?

                              Comment

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