Protected tenancy tenant eviction

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    Protected tenancy tenant eviction

    'A' being the tenant for data protection.

    I served a notice of eviction under section 8 to evict 'A' from the property due to being more than 6 weeks in arrears. In total the amount owed was ***** as of 2013, this was a mixture of bills and rent. I had a claim for possession issued to the tenant on the *** of 2013.



    All action halted due to personal reasons- 'A' also decided voluntarily to increase the weekly rent to £90 a week in order to clear down the arrears from the *** of 2013, The arrears have since been cleared and the amount of £90 is continuing to be paid.



    I have recently tried to evict 'A' under section 21 (with the understanding under an AST) in 2018 and recently found out that he is indeed “possibly” a protected tenant according to the solicitor acting for him. I also checked the fair rent register website the tenancy dates back to 1961 against a man with a different name but same surname, presumably a relative – however I do not see a 'A' entry. Any subsequent AST’s I issued to 'A' , are these now void?



    'A' occupies 4 rooms of the bottom of the house and given current market conditions is paying well below anywhere known in the country for any type of rent, be it ‘fair’ or not. There are 3 rooms upstairs occupied by a family, this is the upper flat), Moreover, I am paying the water bill for the entire property when according to the fair rent register 'A' should be.

    My objective is to increase the rent to be inline with the market or evict 'A' from the property, I just want to know if I have sufficient grounds to do so

    My solicitor has said that 'A' is likely to be an assured tenant if he has inherited the tenancy from his relative, and his relative himself had a protected tenancy. 'A' being an assured tenant would provide me with a greater flexibility in respect of rent increases. This has not been verified independently.

    We have written to 'A' to provide reasons as to why he believes he has a protected tenancy (with reference to the AST agreements he later signed).

    My solicitors response

    I haven’t heard further from the tenant unfortunately. We could try and elicit a response by serving a formal Section 21 notice on the basis of the latest AST coming to an end. If the tenant does not vacate (and this is very likely) by the end of the notice, we can issue a possession claim.



    If we do issue a possession claim, you will need to prepare for potentially length proceedings if the tenant defends the claim.



    Alternatively, you serve a Section 13 notice requiring a increase of rent to the market value. This can be used if the tenant is an assured tenant or an assured shorthold tenant. I see no reason why 'A' should be paying less than the market (unless of course he is indeed a protected tenant).


    If he does not agree to the increase in rent, an application can be made to the First Tier Tribunal to determine a dispute.



    If the rent does change and 'A' cannot keep up to date, you can again pursue a Section 8 possession claim which can be used if 'A' if an assured tenant or an assured shorthold tenant.

    The tenant has not, as we had hoped, engaged in any correspondence including the notice we served in relation to the rent increase. He has likely been advised not to do so.



    Also - looking again at the rent register – it does state that the rent was registered after an application was made by the landlord in 2007 which is inconsistent with our position.



    As much as my initial opinion is that it is unlikely that the tenant is the same Mr 'A' referred to in the rent register, there are far too many unknowns for us to pursue a possession order in the Court if the tenant keeps up with his rental payments.








    #2
    Is there a question in there somewhere?

    Comment


      #3
      What’s the likely hood that this person will be evicted, based on the fact that he can’t prove he’s a protected tenant, he hasn’t responded to my solicitors with any information to show he’s protected, continues to ignore all communication, will this likely go to a first tribunal or court? Will the judge see through him? He’s paying £90 for 5 rooms in a large house in London, we know he only uses one room, keeps furniture stored in the other rooms. Worth £2000-3000 rent if removed and rented correctly.

      any feedback would be appreciated

      Comment


        #4
        When did tenant A move into the property?

        Comment


          #5
          What happened at the section 8 hearing in 2013, did the tenant offer a defence?
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by Mrs Mug View Post
            When did tenant A move into the property?
            As Mrs Mug wisely comments this is they key question. When does tenant state they moved in please?

            ​​​​​​How were you planning to evidence them not being protected/"rent act" tenant please?

            Are you their original landlord? If not original landlord have you served notice(s) compliant with s48 & S3? If not no rent due (s48) so no arrears, possible fines and criminal record (S3). When did you purchase this investment please?

            Is your solicitor a specialist in protected /rent-act tenancies? Sounds rather like he's just a normal high-street generalist.

            Welcome to LLZ. I will message an expert in these tenancies for his comments, we will see what we get!
            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


              #7

              As Mrs Mug and theartfullodger asked

              When did the Tenant "A" 1st move ?

              Signing a AST Will not take away the right of a Assured Tenancy "Secure" or Regulated Tenancy "Protected"

              Also - looking again at the rent register – it does state that the rent was registered after an application was made by the landlord in 2007 which is inconsistent with our position
              Does sounds like it is Regulated Tenancy "Protected"

              If you want to increase the rent fill out form RR1 and see what happens

              https://assets.publishing.service.go...offairrent.pdf

              and post it to

              Network Support Office - Rent service
              Wycliffe House
              Green Lane
              Durham
              DH1 3UW

              https://www.tax.service.gov.uk/valua...ousingBenefits

              for the cost of 1st or 2nd class stamp, cheaper than going to court and losing the case...
              Thunderbirds are go

              Comment


                #8
                If a possession order was made in 2013 following a notice under s8, the tenancy must have been an Assured Tenancy (or an Assured Shorthold Tenancy), or the possession order was invalid.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  If a possession order was made in 2013 following a notice under s8, the tenancy must have been an Assured Tenancy (or an Assured Shorthold Tenancy), or the possession order was invalid.
                  OP posted

                  Originally posted by gojetters123 View Post
                  All action halted due to personal reasons
                  ................................................
                  Thunderbirds are go

                  Comment


                    #10
                    It obviously didn't go ahead, but it reads as though it had already been successful.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Property purchased 2008 with him as a tenant, the company who sold the property no longer exist.

                      the tenants fathers name appears on the register online or A relative dated 1961.

                      in 2013 we had bailiffs ready to remove everything from the rooms. The possession order was correct. However did not proceed due to very personal reasons.

                      We are now ready to proceed to remove A but unable to find solicitors with the specialist knowledge

                      ‘A’ has a relative or legal contact who said ‘A’ has a tenancy that goes back before 1989, his understanding is that it dates back to 1961, given the length of time A does have protected tenancy status.

                      Comment


                        #12
                        Originally posted by gojetters123 View Post
                        ‘A’ has a relative or legal contact who said ‘A’ has a tenancy that goes back before 1989, his understanding is that it dates back to 1961, given the length of time A does have protected tenancy status.
                        gojetters123

                        When did tennat "A" 1st move in or how long has he/she been living there for ?
                        Thunderbirds are go

                        Comment


                          #13
                          Unless A was a joint tenant with their father, the tenancy that they inherited would be an assured tenancy, pretty much any way I can see how the succession works.
                          If a court made a possession order following a s8 notice, the court must have believed it was an Assured Tenancy (because s8 notices don't apply to regulated tenancies).

                          I don't have any personal experience of this, but I don't see how the Assured Tenancy could have become an AST. So I think the solicitor is proposing using a s21 simply to see what happens. It doesn't make sense otherwise.

                          If the tenancy is a periodic assured tenancy, you can use a s13 notice to increase the rent to a market level and see if the tenant is able to pay the new level of rent. They can appeal to a rent tribunal, which would require the tenant at least to assert their position, rather than being silent on the matter.

                          Is the property actually split in two or are people just living in different parts of it?
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            You bought the property in 2008 wih him as sitting Tenant?

                            What were your 'very personal reasons' for not proceeding in 2013?

                            Comment


                              #15
                              Yes sitting tenant

                              personal reasons-(personal family problems)

                              Comment

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