sitting tenant/ eviction

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    sitting tenant/ eviction

    hi all

    hope ur all enjoying the world cup! looks like france might be on the ropes!

    can i evict a tenant that moved in in 1996?

    or is he a sitting tenant?

    #2
    A tenant of what? Anyway, he's not a sitting tenant unless you bought the property with him already there as T.
    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


      #3
      What type of tenancy agreement does he have?

      Comment


        #4
        he has an AST now

        he signed a new one in feb, it expires in one month

        i've just served him an s21 - can i start court possession when it expires via accelerated s21 procedure?

        but i thought tenants that moved in before 1997 had special rights?

        Comment


          #5
          Originally posted by medlock View Post
          but i thought tenants that moved in before 1997 had special rights?
          Partly, yes.
          Any Housing Act 1988 letting that began pre- 28 Feb. 1997 is governed by the original version of s.20. Under it, any 1988 Act letting was deemed a Standard Assured Tenancy [so L could not use s.21 at all] unless, before it began, L served on T a s.20 Notice to change it from SAT to AST.
          The fact that a lot of landlords did not know or did not bother was what stymied the AST scheme's operation to intended pattern, so the 'default' assumption was reversed by the 1996 Act. Now a 1988 Act letting is deemed an AST unless- by Schedule 2A- it's made into an SAT.
          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


            #6
            ok jeffrey

            im a little confused now

            how can i evict the tenant?

            Comment


              #7
              hi

              any further advice on this thread would be great

              just to summarise

              tenant moved in in 1996

              signed a new AST 5 months ago, it expires in 1 months

              can i go for possession in 1 months time via accelerated s21 (s21 served

              or does he have any special rights, having moved in before 1997, which means i cannot evict him?

              Comment


                #8
                If T held an SAT in 1996, due to lack of a s.20 Notice, T might still have an SAT despite your attempt to make it an AST-
                and L cannot use s.21 Notices on an SAT.
                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


                  #9
                  so what should i do to evict this tenant?

                  and will it take longer than the usual s21 route and/or cost more?

                  Comment


                    #10
                    Originally posted by medlock View Post
                    so what should i do to evict this tenant?
                    You can use only the grounds in Schedule 2 to the Act: see http://www.statutelaw.gov.uk/content...&filesize=4438
                    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

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