Protected / Sitting Tenant

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  • Protected / Sitting Tenant

    I have been acting as 'agent' for my mother's property as I currently live closer to it now than she does and can keep an eye on it for her. I took over the role from a solicitor that didnt have my mother's best interests in mind when he rented it out to a 'fair rent' tenant back in 1988. We have found out since that he knew this tenant well and brought her in solely for his own selfish reasons. This automatically gave the tenant protection under the 1977 tenancy act, basically devaluing the property and leaving my mother with no landlord rights at all. At the time, she was unaware of the consequences.

    Since then, the tenant has paid rent on time which has limited our rights even more. The apartment is a very good size with 2 large bedrooms , dining room and living area. The main problem, apart from the low income, is that she is not looking after the property. Each room is filled to the brim with junk. I am not exaggerating when I say you literally cannot open the doors, let alone walk through the rooms! The whole place is filthy with cobwebs and dirt literally hanging off the walls. I think it has fleas too as I have bites on my legs after doing an inspection. She knows her rights though and clearly states when I bring it up that it is not affecting the property. Do we have any ground at all here for evicting her? I have thought about moving in it myself but have searched through countless landlord forums to find the you literally have to be living in a cardboard box to prove to the court you need the accommodation.

    Can we appeal to the housing association stating the property is too big for one person?

    Does anyone know any cases where a protected tenant has been evicted successfully?

  • #2
    could you explain this:

    "Can we appeal to the housing association stating the property is too big for one person?"

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    • #3
      Originally posted by bill65 View Post
      could you explain this:

      "Can we appeal to the housing association stating the property is too big for one person?"
      Yes- if L (Linzeloo's mother) lets to T, what role is played by the Housing Association?
      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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