Removing Tenants Without Written Contract

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    #16
    Originally posted by jim_sohal View Post
    The property is generally in bad condition also as they have not cared for it and i believe there is a broken window and damage to the front door, would this help in grounds for eviction or would they just simply repair it before any court hearing leaving no case?
    The landlord has a statutory obligation to make repairs under s.11 LTA1985, see
    http://www.letlink.co.uk/letting-fac...ligations.html

    The tenant has an obligation to behave in a tenant-like manner, i.e. to carry out minor maintenance, and not to damage the property. Ground 13 of Schedule 2 of HA1988 relates to T causing damage to the property, but it's very unlikely this would be considered a valid ground for eviction in the circumstances (the damage sounds fairly slight).
    http://www.letlink.co.uk/letting-fac...-8-notice.html

    It's also arguable that, in the case of a broken window, it is the LL's responsibility to repair it - and then, if appropriate, seek to recover the cost of repair from the T if there is evidence that T broke it (but unless your parents had an inventory check in carried out, there is no evidence the window wasn't broken at the start of the tenancy). So, if anything, T could use the disrepair as a defence to a claim for possession, i.e. the poor condition of the property could reduce your parents' chances of getting a possession order on the ground of unpaid rent.

    It is therefore highly advisable for your parents to ensure that all necessary repairs are carried out as per their s.11 obligations.

    Also, the LL has an obligation to ensure that the electrical wiring in the property is safe (after 14 years, they really need to get this checked), and if there is a gas supply, to supply an annual gas safety certificate.

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      #17
      Originally posted by westminster View Post
      So, if anything, T could use the disrepair as a defence to a claim for possession, i.e. the poor condition of the property could reduce your parents' chances of getting a possession order on the ground of unpaid rent.
      To clarify this statement: if your parents claimed possession on the ground that two months' rent was owing and unpaid, T could defend the claim by alleging disrepair, and the compensation awarded for the disrepair could then reduce the amount of rent owing and unpaid to less than two months' thereby removing the mandatory ground for possession.

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