how to evict an assured tennant

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    how to evict an assured tennant

    I jointly own a 5 bedroom property which we let individual rooms. In 1991 we obtained planning permission for three flats and instructed our managing agent to give everyone 6 months notice to quit and have the property empty by march 1992. The agent then informed us he had a allowed a single mother with 5 children into the property with out any form of shorthold tenancy agreement. We took him to court regarding this an rents he held on our behalf, he went bankrupt had everything in his wife's name to we were left with a tenant without an agreement. Over the years she has been behind in her rent and we have a court order instructing her that she can be evicted if she is behind by two months. However she waits until the last moment until she pays. There have been a few unsavoury incidence such as drugs on the premisis and a caution. She complains the house is too big and the utilities high as she is there(allegedly) on her own now and doesn't get so much housing benefit. We have offered to move her and pay her first 6 months rent. She has yet to find something suitable. I now need the money from the sale as I one of us are currently unemployed and cannot receive any benefits as they own this property. Although vacant properties sell for approx £180k swift capital, who say they deal in this type of property offered £105k. but, when we came to exchange, they changed their offer to £82k so that was a wasted exercise with solicitors costs etc. . Can anyone help in the best way to regain possession of our property??

    #2
    Originally posted by locco lady View Post
    Can anyone help in the best way to regain possession of our property??
    See the link below.

    http://england.shelter.org.uk/get_ad...ssured_tenants

    Comment


      #3
      Try 6 months rent plus £10k, be prepared to go to £20k...

      She knows she holds all the cards...

      You mention caution etc... you could try the S8 route for ground 14...
      Ground 14
      The tenant or a person residing in or visiting the dwelling-house—
      (a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or..
      .. but I doubt judge would grant possession....
      Cheers!!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by bandontherun
        ............. i agree, reluctantly, with the Artful d.........

        Lodger not dodger: I don't dodge...

        Cheers!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by bandontherun
          Where is the property? You might do better in auction. Does it present favourably? Or is the rent depressed by reason of dilapidation. There is a procedure for increasing the rent for an AT (and a procedure for appealling it). Is the rent set at a fraction of the market rent for an AST?

          Be very careful not to harass the tenant. The law is totally skewed in her favour, unfortunately. I've never ever paid a tenant to go, but i agree, reluctantly, with the Artful dodger that you might have to offer more to succeed in obtaining possession. You do have the right to move a tenant to "suitable alternative accommodation" although Judges take an uneven approach as to what is suitable. I have sometime found that by going to see tenants they sometimes cherish a desire to move elsewhere and it can be viable to acquire a smaller modern premises in a pleasing but less valuable location, for the tenant to have a managed move. Remember that it is the tenant who is the key elecment of a tenancy and not the premises. The tenancy survives unchanged with an alternate premises
          "suitable alternative accommodation" on a Assured tenancy Never heard of that one before ?


          For Reference

          http://www.consumeractiongroup.co.uk...assured-tenant
          Fed up with nitpickers and rivet counters...

          Comment


            #6
            OP has posted tenant moved in 1982.

            http://www.consumeractiongroup.co.uk...=1#post4034403
            Fed up with nitpickers and rivet counters...

            Comment

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