Help Needed, serving notice due to property demolition/renovation

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    Help Needed, serving notice due to property demolition/renovation

    Landlord of ours has two tenants who signed a twelve month fixed tenancy agreement earlier this year (march). The landlord was planning to demolish one extension/bedroom of the flat to build an attached maisonette, but now the tenants are "in the way" of the redevelopment and the landlord would like to serve notice.
    I believe the landlord does have rights to end the tenancy early if he plans on renovating the property. Is this correct? The landlord wants to give a 30-day notice on 1 July. Can anyone advise on what notice to serve and whether the landlord actually can end the tenancy and/or whether he is obliged to re-house or compensate the tenants?
    Your help would be appreciated.

    #2
    A fixed term Assured Shorthold Tenancy (term certain) ends when it is brought to an end by:

    The tenant giving notice to quit, which must be in writing and for a period of 4 weeks for a monthly tenancy.
    The tenant surrendering the tenancy at the request of the landlord
    Court order.


    http://www.landlordzone.co.uk/notice_to_quit.htm

    http://www.landlordzone.co.uk/Possession.htm

    The grounds are listed here for during a fixed term.

    http://www.landlordzone.co.uk/ground...possession.htm

    Comment


      #3
      Thanks Beeber.

      So are we saying that there are no chances for the landlord to end the tenancy before the one year fixed term expires? (which effectively will March 2010)

      I was under the impression that Ground 6, "where the landlord intends to develop all or a substantial part of the property and cannot do so with the tenant in occupation, except in certain circumstances", could service to get the property back to carry out work before the one year fixed term is accomplished? Do you know of this ground?

      Maybe a break clause would apply so he could get the property back by September this year?

      Your help would be appreciated.

      Comment


        #4
        Originally posted by cuito66 View Post
        Maybe a break clause would apply so he could get the property back by September this year?
        Well, is there a break clause? If so, what does it say?

        Comment


          #5
          Nice Landlord!!

          If the LL knew he was planning to carry out this development (let's not be picky here - it is not renovation or repairs but redevelopment) why did he sign tenants up to a 12 month contract!! Greed for a few months' rent?

          They have an AST for 12 months. One presumes the LL, if he wasn't planning to do these works, would be really thrilled if the tenants suddenly decided that they wanted to end the contract after a few months, so why should the LL think it is OK to chuck the tenants out (and at 1 month's notice???) just because "they are in his way".

          And if you are an agent cuit066, and knew about the LL's proposals - why did you put the tenants into this property? Also, you don't seem to know much about the contract (does it have a break clause?) and you also don't seem to know that much about relevant law in this respect.

          If I were these tenants, I would be into negotiating with the LL for a CONSIDERABLE SUM OF MONEY to release him from his contract, if I were minded to be helpful. It would serve LL right if they were so angry that they took things to the limit in making the LL fight for possession.

          I think this is a disgraceful way to treat people and is just the sort of behaviour that gives Landlords a bad name!

          And yes, I am cross.....
          Mrs Jones
          I am not an expert - my posts are my opinion and should not be taken as fact!!

          Comment


            #6
            I'd second everything Mrs Jones has just said.

            I think some LLs have no idea how stressful it feels to be faced suddenly and unexpectedly, with the prospect of losing one's home.

            Perhaps provision should be made for them to receive an officious letter purporting to be from their mortgagee, telling them their house will be summarily repossessed in a couple of weeks' time because there is an anomaly with their mortgage contract which renders it invalid. Then, having experienced that feeling, perhaps they could empathise a little better with their tenants.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Originally posted by cuito66 View Post
              I was under the impression that Ground 6, "where the landlord intends to develop all or a substantial part of the property and cannot do so with the tenant in occupation, except in certain circumstances", could service to get the property back to carry out work before the one year fixed term is accomplished? Do you know of this ground?
              It's not operative during fixed term AST/SAT. See s.7(6)(a), below:

              7(6). The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless:
              (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
              (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Think the only way the LL will get access before the end of the fixed term is to bribe the tenants. And I would think a substantial bribe would be needed, as well as finding them somewhere else..

                What a plonker.. the LL is.. It would be unkind to suggest the agent is also.

                Cheers

                Lodger

                PS In 1574 my male ancestor married an "Elizabeth Plonker": SO I really do come from a long line of Plonkers... Rodney????
                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


                  #9
                  Originally posted by theartfullodger View Post
                  In 1574 my male ancestor married an "Elizabeth Plonker": SO I really do come from a long line of Plonkers... Rodney????
                  And here she is, courtesy of ask.com and my eidetic computer:
                  http://uk.ask.com/web?q=%22Elizabeth...=196&o=0&l=dir.
                  She married John Smalpeece (!) on 5 December 1596. You really do come from a long line of Smalpeeces (but size isn't everything).
                  And I didn't even know that they had computers back then...
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    What a plonker.. the LL is.. It would be unkind to suggest the agent is also.
                    Maybe, but he doesn't seem to know his job!!
                    Mrs Jones
                    I am not an expert - my posts are my opinion and should not be taken as fact!!

                    Comment

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