Protected tenancy tenant eviction

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  • 45002
    replied
    Originally posted by gojetters123 View Post

    If the courts obtained a possession order then he must have an assured tenancy of some kind and not protected.
    NO.

    You obtained a possession order or Solicitor acting for you did, so you should know what the possession order was in 2013, which you didn't go head for very personal reason !

    It could be Assured or Regulated tenancy, there are ground for possession on both, Regulated Tenancy are Discretionary only for a LL by sale of a protected tenancy.

    Leave a comment:


  • jpkeates
    replied
    When the property was purchased, this tenancy must have been a factor in the decision to purchase (and at what price).

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  • theartfullodger
    replied
    Originally posted by gojetters123 View Post
    ..................

    having spoken to estate agents about potentially selling the property due to problems establishing his tenancy, the estate agent advise against selling as it will be sold for a very low price with him in there, to basically wait for mr A to pass away!...
    i.e. you paid way over for it....????

    ............
    ...
    If the courts obtained a possession order then he must have an assured tenancy of some kind and not protected.
    Nope: Merely that that court decided that at that sitting: Tenant or his legal adviser - {both of whom may be viewing this...} - could have challenged that. What matters would be what any new court hearing decides.

    Do keep us informed on progress on this matter (forward or backward progress...) during the continued Br*x*t cabaret for the year or so to cheer us all up!

    Leave a comment:


  • gojetters123
    replied
    The property was purchased with him living in there, we know his late parents lived in the property too. Mr A is in his 70s.

    having spoken to estate agents about potentially selling the property due to problems establishing his tenancy, the estate agent advise against selling as it will be sold for a very low price with him in there, to basically wait for mr A to pass away!

    estage agent advised to sell the top floor of the property, take out the money and use for personal purposes. However I haven’t agreed to selling the top floor.

    We’re hoping to increase the rent and then at the same time contact a housing solicitor tell us if he’s protected or not! This has been a very very frustrating couple of years. We’ve contacted a couple of solicitors some say he could be mis represented as the name on the register online differed to his name

    we could have removed him in 2013, but my late mother passed away so everything halted and then he voluntarily paid outstanding debt

    If the courts obtained a possession order then he must have an assured tenancy of some kind and not protected.

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  • jpkeates
    replied
    That's why I'm confused.
    If possession was awarded following a s8 notice, the tenancy has to be an Assured Tenancy of some kind.

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  • 45002
    replied
    Originally posted by mariner View Post
    Rights of Succession extend beyond parent & sibling. Inform T you will serve s21 if he does not provide his relationship to previous T within 14 dqys.
    On what, OP already had one possession order which was dropped due to very personal family circumstances !!!!!!!!!!!!!!!!

    Originally posted by jpkeates View Post
    Something is missing.
    Yes, The Truth from the OP.

    OP posted

    Originally posted by gojetters123 View Post

    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.
    Which would points to a Regulated Tenancy, OP been inconsistent.

    The rent service know called VOA would never register a fair rent without checking everything out 1st, when tenants 1st moved in, check for previous applications and wanting to see any tenancy agreements.

    I have a regulated tenancy myself, About 2 years ago my rent was registered Again as a fair rent, because I had a Regulated Tenancy and I moved in before January 1989.

    After been asked Five times when did the current tenant 1st move in.

    OP posted this

    Originally posted by gojetters123 View Post
    45002,

    He was born there now in his 70s, his late parents lived in the property too.
    OP wants to increase the rent

    https://forums.landlordzone.co.uk/fo...58#post1088858

    This would be one way of sorting this problem out of the OP own making.

    Leave a comment:


  • Mrs Mug
    replied
    Originally posted by jpkeates View Post
    Something is missing.
    Probably which university set this homework.

    Leave a comment:


  • jpkeates
    replied
    There's something very odd about the whole story.

    The property was bought with a sitting tenant who was (pretty obviously) going to be very difficult to evict - and hopefully was priced accordingly.
    Some years later, a possession order was obtained and not executed - which means that the tenancy type must have been established at some point.
    And now a solicitor is suggesting that a s21 notice can be used (presumably to flush out some details about the tenancy.)

    Something is missing.

    Leave a comment:


  • Ted.E.Bear
    replied
    how many people live upstairs? This could require an HMO licence.

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  • Interlaken
    replied
    So if in his late 70s I think you may have to wait until he expires.

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  • mariner
    replied
    Rights of Succession extend beyond parent & sibling. Inform T you will serve s21 if he does not provide his relationship to previous T within 14 dqys.

    Leave a comment:


  • Jon66
    replied
    Not really. At the moment op is floundering in the dark . . .

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  • 45002
    replied
    Originally posted by Jon66 View Post
    Use a direct access barrister to establish the position. Andrew Lane or Liz England are both very good. Or instruct Giles Peaker at Anthony Gold Solicitors. High St solicitors are not what you need here.
    HUGE legal bill for the LL then.....

    Originally posted by gojetters123 View Post

    He was born there now in his 70s, his late parents lived in the property too.
    At last............

    Leave a comment:


  • theartfullodger
    replied
    Would it be fraud (i.e. criminal) to bring a case under one tenancy type knowing full well that it is in fact a different sort of tenancy, to try and "bend" the law? What sanctions could a court bring to bear?

    Leave a comment:


  • gojetters123
    replied
    45002,

    He was born there now in his 70s, his late parents lived in the property too.

    Leave a comment:

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