secured tenancy problem

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  • secured tenancy problem

    hello all,i have had an ongoing problem for ages now i had a inheritence to which i was left a property in london,this was in 1993,an executor had to take care of things untill i was 25,the executor whom was a distant relative had a lodger move in 1995 but didnt draw up a tenancy agreement till the 1st of august 1997 so does she therefore become a secured tennant?the women who lives in the house has caused me nothing but trouble,the house is in need of quite a bit of work doing to the house so i did offer to completely renovate the house but she therefore had to move out the property and after the work she could move back in to which she declined so i therefore could only undertake some work that had to be done,she is constantly whining about everything you could imagine and when i take people to the house to carry out work she complains about the people who are doing the work she is a complete nightmare! and she is on benefits also and claims disability allowance for i cannot work out what for,she is in her late sixties and is the only one on the tenancy agreement but everytime i go to the property her daughter is there so i think she is also living there and she refuses me access to one of the small bedrooms,i did increase the rent 2 years ago to which she has paid but recently has become late in paying for example i usually recieve a cheque on the first of the month to cover the month previous but i havent recieved a cheque for last month yet and it is the 13th so therefore puts me in a situation about paying my rent so i am considering moving into my property in london which i need to know can i do this and can i still charge her the same rent?i am also debating wether to sell the house with a sitting tennant,any information would be very gratefull as this is driving me up the wall.

    regards lucas

  • #2
    Why do you call her a lodger? Did occupant co-occupy with executor or did she in fact occupy whole house?
    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
      Originally posted by jeffrey View Post
      Why do you call her a lodger? Did occupant co-occupy with executor or did she in fact occupy whole house?
      sorry my mistake she is tennant,she occupies whole house

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      • #4
        Originally posted by lucas View Post
        sorry my mistake she is tennant,she occupies whole house
        She is therefore likely to be a Standard Assured Tenant, ie tenancy is under 1988 Act but L can't use s.21 procedure.
        "Secure tenant" means something quite different.
        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


        • #5
          Originally posted by jeffrey View Post
          She is therefore likely to be a Standard Assured Tenant, ie tenancy is under 1988 Act but L can't use s.21 procedure.
          "Secure tenant" means something quite different.
          i did forget to mention that because she has utility bills from the date she moved in,which was in the year 95 surelly she has proof that she is a sucured tennant because anything before august 1997 gives her more rights?

          Comment


          • #6
            Originally posted by lucas View Post
            i did forget to mention that because she has utility bills from the date she moved in,which was in the year 95 surelly she has proof that she is a sucured tennant because anything before august 1997 gives her more rights?
            Not quite.
            Pre-Housing Act 1996 (in force from Feb. 1997), any new 1988 Act tenant was a SAT unless s.20 Notice served before tenancy began.
            As landlords screwed up repeatedly, the law was then changed to reverse the default situation. Thereafter, a new 1988 Act tenant was an AST unless Notice served under para. 1 or 2 of new Schedule 2A OR the Agreement contained corresponding provision under para. 3 of that Schedule.
            Either way, avoid expression "secure tenant" unless you mean a public sector tenant under s.79 of Housing Act 1985.
            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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