Tenant occupying for over 17 yrs but nothing written

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  • Tenant occupying for over 17 yrs but nothing written

    Can anyone please give me advise on a protected tenant?
    This tenant has been in the property for 17 years, without a tenancy agreement. He has since took possesion of other building on the premises and just recently has sent a letter complaining of damp in all the rooms. As he only pays £254 per month there is no funds to complete this work and i need to find a way to get the property back.
    When rented out the property was fully furnished, the tenant has since replaced all of this furniture with his own and disposed of the original furniture.

    If any one has any advise it will be gratefully recieved.

  • #2
    Hi Ansa,

    I am a bit unclear about the issue you have when mentioned that "He has since took possesion of other building on the premises and just recently has sent a letter complaining of damp in all the rooms". Did the tenant stay in the same property for 17 years???

    If the tenant stayed there before March 1989 (I think) then you have very little chance or none at all to get your property back. There are a few exceptions where you can reclaim the property but they are very stricts (Get a booklet from your local authority web site). You can try to negotiate with him and offer some compensation.

    How much he pay and disrepairs are unrelated. If he reported a disrepair then it is your responsibility to investigate and fix it.

    Martin

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    • #3
      the tenants are in arrears with their rent, and they rent the farmhouse, since they started renting the farmhouse in july 1989, and have since started to use the external farm building for there own use.

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      • #4
        Originally posted by ansa
        the tenants are in arrears with their rent, and they rent the farmhouse, since they started renting the farmhouse in july 1989, and have since started to use the external farm building for there own use.
        Just a point I would like to make.Has there been a tenancy in existance at some time.I would assume if so then it would be an assured tenancy if it was granted in 1989.A little more info would help.
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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