Eviction of tenant inherited when property was purchased

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    Eviction of tenant inherited when property was purchased

    Hi All

    We purchased a property last year, and we inherited a tenant. We did not enter into a new tenancy agreement so it is my understanding that the we now have essentially a periodic tenancy with this individual. We served the tenant a section 21 notice at the beginning of Feb and this has now expired and the tenant is refusing to leave. I have downloaded form NB5 so that we can apply to the courts for possession of the property. However, I noticed that the form requests a copy of the signed lease. We do not have a lease with the tenant but do have copies of a lease that the tenant had signed with the previous landlord and also a letter that we sent to the tenant when we took over ownership of the property advising the tenant of our contact details as new landlords. Would be great to know if anyone else has been in this position and whether or not we have sufficient documentation to request accelerated possession?

    Monkeyjs

    #2
    You may be in for more that you bargained for.

    When buying at auction always go and see tenant and establish how long they have lived there and do they have an agreement of any sorts with the landlord dating from when they took up residence. I take it you did not do this?

    A common scam is to make tenant sign an AST at some time before auction date but which is totally invalid in the courts, unwitting purchaser buys and is stuck with a 'sitting tenant' who cannot be got rid of by the courts.

    In your case it seems you may have no valid agreement - try bribing tenant to leave. You need to establish when tenant took up residence first before spending money on court action.



    Freedom at the point of zero............

    Comment


      #3
      Did you protect the tenants deposit and supply them with the prescribed information within 30 days of purchase?

      Comment


        #4
        Hello monkeyjs

        Do you know the date when this tenant 1st moved

        and

        did you check this yourself before you purchased the property !
        Fed up with nitpickers and rivet counters...

        Comment


          #5
          sufficient documentation ?

          Yes, you have a signed AST, which rolls over and becomes a Periodic tenacy with no need to issue a new one.

          But please answer all the other questions, as without that, correct advice may not be available.

          Comment


            #6
            Hi Thank you for your reply.

            The property was purchased through auction and I have a copy of the AST agreement that was signed between previous landlord and the current tenant that dates back to Nov 2010.

            There is also a letter from the landlord to the tenant dating back to Dec 2011 informing the tenant that the AST is being terminated and will then revert to a periodic tenancy agreement.

            So I purchased the property in March 2013 with the understanding that the tenant is on a periodic tenancy and I can now seek a possession order to evict.

            We have also obtained a deposit protection certificate dated March 2013

            Would be great to hear what your thoughts are on this based on the above?

            Comment


              #7
              Hi, thanks for your reply, I posted some additional info at 20:29

              ram, so hopefully will help you required info to provide additional advice, appreciate your feedback

              45002, which provides a little more info re dates etc, look forward to hearing from you again.

              Mrs Mug, yes deposit was protected in the same month that we purchased the property although I think I may not have sent the copy to the tenant until Jan 2014, do you think this will be an issue?

              Interlaken, not too sure if this will make our situation any easier to manage but will wait till I hear some more feedback from all the forum members including yourself who have kindly responded before taking further action, thanks again.

              Comment


                #8
                What your "understanding" is doesn't matter, what matters is when the tenant 1st moved in: When does the TENANT say he 1st moved in (don't trust the answer from agent, vendor, auctioneer, solicitor). Yes of course tenant may not give accurate answer but at least you'll get an idea..

                For an understanding of the different sorts of tenancies see...
                http://england.shelter.org.uk/get_ad...ing_agreements

                And no, tenant signing new AST does not change the tenancy from (say..) regulated or assured to an AST...

                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


                  #9
                  Monkeyjs - what thertfullodger writes is key. When did the tenant take up residence? The only way to find out is go and ask him/her or maybe research people who have lived at that address on the electoral roll or by using 192.com or similar to verify what the tenant tells you.

                  The date of moving in may well not be the date the AST was signed thus cloudying the waters for the inexperienced auction buyer. This is a situation that appears regularly on this site.



                  Freedom at the point of zero............

                  Comment


                    #10
                    HI Thanks for your reply.

                    The AST that was prepared by a lettings agency was dated Nov 2010. In this document it mentions that the agency is acting as introducing agent so to me that would imply that the tenant moved in to the property in Nov 2010.

                    If the tenant does not give an accurate answer surely the next best source of information is the AST document? I sis also check 192 website but nothing came up with the tenants name.

                    If we make the assumption that the Tenant has moved in to property in 2010, then going back to original question what would your advice be?

                    Appreciate your feedback.

                    Comment


                      #11
                      Please answer the questions in Post 3.

                      Do you have proof that you sent the PI?

                      What are the exact dates of the last tenancy agreement, dd/mm/yy?

                      What was the length of the fixed term, or was there an end date to the tenancy, dd/mm/yy ?

                      What dates did you put on the S21? What date did you serve the S21?

                      Comment


                        #12
                        Originally posted by monkeyjs View Post
                        ....

                        If we make the assumption that the Tenant has moved in to property in 2010, then going back to original question what would your advice be?

                        Appreciate your feedback.
                        Sigh! I repeat:

                        ...what matters is when the tenant 1st moved in: When does the TENANT say he 1st moved in (don't trust the answer from agent, vendor, auctioneer, solicitor)
                        Ask the tenant:
                        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


                          #13
                          Unfortunately that is not going to be an option as she is avoiding us.

                          Comment


                            #14
                            Mrs Mug,

                            The tenancy agreement was dated 16/11/2010 stating the tenancy begins 04 Dec 2010 for one year.This agreement was between tenant and previous landlord.

                            That landlord issued a letter to the tenant stating that from the 03 12 2011 the fixed period ended and the tenancy would revert to a periodic tenancy.

                            We purchased the property in Mar 2013.

                            We served the section 21 on 01.02.14 with expiry dated 03.04.14.

                            The deposit is protected but we did not send a copy of the guarantee certificate until Jan 2014, although it is dated 08.03.2013.

                            Comment


                              #15
                              Re. S21 was deposit protected by you within 30 days?? Have you served PI?? Was it served prior to S21 service??

                              However all talk of S21 is premature (unless tenant leaves anyway - many just do, although they do not have to & S21 does not end a tenancy..). S21 only applies to ASTs. This may be an AT or regulated, "Rent Act" tenancy. Untill you have evidence you can trust of when tenant moved in ... you don;t know it's an AST or not...

                              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

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