Evicting tenants

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Evicting tenants

    Hello

    I am new here and am looking for some advice on a difficult situation

    I have long term tenants in a property.

    I recently tried to evict them using an S21. This went to court.

    It was thrown out of court in their favour due to the date they moved in, in 1995. I have since found out this is because they are assured tenants as I failed to give them an S20 when they moved in.

    I asked them to sign an AST in 2004, but again did not get them to sign anything to say that we agreed to this.

    Can I use any of the terms set out in the 2004 agreement for discretionary grounds, or is the WHOLE agreement that they signed in 2004 null and void?

  • #2
    Even if you got them to sign an agreement in 2004 it would not have been an AST, because they can not sign away their assured rights.

    You can only evict them if they do something wrong as per schedule 2 of the 1988 Housing Act.

    Comment


    • #3
      So does this mean the 2004 AST is invalid and cancelled out by the assured tenancy?

      Comment


      • #4
        Originally posted by Cfercat View Post
        So does this mean the 2004 AST is invalid and cancelled out by the assured tenancy?
        Yes..........

        you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy.
        Before the tenancy started..

        http://england.shelter.org.uk/get_ad...ured_tenancies
        Thunderbirds are go

        Comment


        • #5
          And so due to this I am unable to use any of the discretionary grounds in the 2004 AST to evict them?

          Comment


          • #6
            Originally posted by Cfercat View Post
            And so due to this I am unable to use any of the discretionary grounds in the 2004 AST to evict them?
            Discretionary grounds would be under there Assured tenancy,they dont have a AST as the court said...

            http://england.shelter.org.uk/get_ad...ed_tenancies#9

            Your highly unlikely to get a possession order,unless the tenants have done something serious wrong...
            Thunderbirds are go

            Comment


            • #7
              Ok, thank you.

              Think I may have sitting tenants then due to error on my part.

              Comment


              • #8
                These are the grounds that you CAN evict your tenant under - note 9-17 are at the judges discretion.
                http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

                Comment


                • #9
                  Discretionary

                  Originally posted by Snorkerz View Post
                  These are the grounds that you CAN evict your tenant under - note 9-17 are at the judges discretion.
                  http://www.legislation.gov.uk/ukpga/1988/50/schedule/2
                  Still highly unlike,unless the tenants have done something serious wrong,the LL or solicitor gets it wrong at court and LL ends up with a Huge Legal Bill....

                  LL already had one case thrown out of court.
                  Thunderbirds are go

                  Comment


                  • #10
                    Could I get away with saying I want to property for myself, even if I didn't, or will that end up getting me into trouble?

                    The tenants have been in the property for 16 years.

                    Comment


                    • #11
                      Are they bad payers? any reason why you want them out so badly?

                      Comment


                      • #12
                        Originally posted by Cfercat View Post
                        Could I get away with saying I want to property for myself,
                        At the start of the tenancy did you give your tenant notice in writing that you might want the property back to live in it yourself?

                        Comment


                        • #13
                          No, they went into some arrears a couple of years ago, but they paid it all back. Previous to that they were good payers, and have been since.

                          No the tenancy was verbal, and I did not say I would need the property at a later date.

                          Comment


                          • #14
                            Originally posted by Cfercat View Post
                            No, they went into some arrears a couple of years ago, but they paid it all back. Previous to that they were good payers, and have been since.

                            No the tenancy was verbal, and I did not say I would need the property at a later date.

                            May i ask why you want the property back ? given that you already lost 1 court case.

                            http://www.landlordzone.co.uk/forums...005#post346005
                            Thunderbirds are go

                            Comment


                            • #15
                              Yes, I do not want to continue being a landlord and wish to sell the property, but I want to sell it without anyone in it. But I am thinking this is not going to be the case after reading the replies I've had?

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X