Question about Assured Tenancy

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  • Question about Assured Tenancy

    I have a tenant renting a flat on an Assured Tenancy. Its an assured tenancy because the previous owner (now dead) issued the S20 incorrectly back in 1992. Hey ho :-(

    The tenant parks his 2 cars on the grounds, which I can live with, and also has a shed, which also is fair enough.

    However, during the course of his tenancy he has accumulated on site a lot of items which i want him to remove. Namely 2 Caravans, 3 trailers, and an enourmouse pile of wood. He also managed to start using a storage container on-site which he doesn't pay for either. The previous owner turned a blind eye to these items, but nothing was ever actually agreed either in writing or otherwise.

    Non of these extra storage items are mentioned on the original tenancy, but it's obvious that's he's entitled to reasonable parking on site. And I would say that two spaces for a one bed flat is more than fair.

    I want to issue him with a notice to remove all of these extra items, or indeed pay a fair rent for the extra storage.

    My worry is that the previous landlord would have been deemed to have agreed to all of this extra storage, as he never objected for years and years, and there'll end up being a ruling that he IS entitled to it if a solicitor gets involved.

    Anyone have any comments?

  • #2
    Do you know whether this conduct - effectively a trespass - began over six years ago (time limit for breach of contract action) or over twelve years ago (time limit for trespass action)? Did previous L ever give actual consent (which would at least remove T's immunity from trespass action but would also bind you as successor L)?
    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).

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    • #3
      I know that he had all his caravans and trailers stored there in 2001 as I have confirmed this with our caretaker who himself started in 2001. Beyond this I can't say as the previous owner died. I would suspect that the build up of extra things began gradually from the start of his tenancy in 1992, and although nothing was ever actually agreed, the landlord did not challenge him.

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