Resolving issues with a 1995 tenant

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    Resolving issues with a 1995 tenant

    Right, I've posted a few threads in the past regarding this particular assured tenant, so here's another one.

    The tenant has been living in the HMO i've just bought ( a few months ago) since 1995 and was only issued with her first tenancy agreement in 2006. She's signed ASTs although my solictor has said that this doesn't mean she's given up her assured tenancy rights. The last AST she signed was in Jan 2007, was a 6 month contract which hasn't been renewed since ( so I guess it's just rolling on now).

    I'm in the process of issuing a new AST but i'm hiking up the rental rate ( am also going to issue a section 13 notice to increase rent).

    Anyways whilst all of the above is going on I am also trying to get the HMO sorted out. This particular tenant has been:
    1) using the communal garden as a tip (throwing old bits of furniture she no longer uses etc)
    2)Installed a massive trampoline in the back garden
    3) Has been building up a mountain of clothes behind communal doors - this is a potential safety risk i.e. fire breaks out exit door could be potentially blocked!

    How can I go about getting her to 1) get rid of her rubbish in garden and behind the communal doors
    2) Deinstall that trampoline ( she lives in a bedsit and is the only occupant but has a kid that lives elsewhere but comes over to see her). - the garden is communal. I could check with the ex-landlord to see if he gave her consent to erect that trampoline but I got a feeling she just went ahead and planted one there. If that's the case can I get her to remove it?

    any help would be very helpful and appreciated- thanks in advance

    #2
    What does your solicitor say about her status with regards to the AST, as he has said when asking tenants to give up their rights under a tenancy it must be made exactly clear to them what they are giving up and just because she signed an AST does not mean she was aware of the rights she was giving away and so may still have those rights.
    What does it say inher tenancy or her previous tenancy with regards to the use of the communal garden and areas.
    I'm sure you must give her some notice of your intended actions but equally sure she can't just dump her rubbish where she wants.You should be able to get her to comply with her tenancy but minor infringements wouldn't be rewasons for eviction.

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