tenant since 1981 under sec67 of1977 rent act vacates for 8 years but pays rent?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    tenant since 1981 under sec67 of1977 rent act vacates for 8 years but pays rent?

    I have been approached by a new client with a very unusual problem. The tenant inherited a property from his mother and moved to the midlands. He pays the rent but refuses to reply to letters, refuses to allow access for inspection and repairs and does not attend meeting with rent control officer. No access can be gained to premises. As the newly appointed manager of this address I have another tenant which is not a controlled tenancy.Landlord is a complete gentleman but exasperated by this tenant. This is a really odd or eccentric situation and on the face of it as long as the tenant pays rent there is nothing that can be done. ANY IDEAS? The electric meter has not moved one unit [which has been noted] for 8 years.

    #2
    You haven't actually said what the problem is.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Sounds like a perfect tenant.

      Also how do you know about the meter?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        You need to talk to a solicitor expert in Rent Act tenancies:

        Is the meter outside the property??

        Is landlord or you a member of a landlord association - if so talk to them

        I've a suspicion that it tenant is not resident then rent act no longer applies but it's not an area I understand.
        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
          Have a look at this from Part 1 of the Rent Act 1977

          Part I
          Preliminary

          Protected and statutory tenancies

          1 Protected tenants and tenancies.

          Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.
          Any reference in this Act to a protected tenant shall be construed accordingly.
          2 Statutory tenants and tenancies.

          (1)Subject to this Part of this Act—

          (a)after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it: and

          (b)Part I of Schedule 1 to this Act shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house [or, as the case may be, is entitled to an assured tenancy of a dwelling–house by succession] at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (a) above.

          (2)In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

          (3)In subsection (1)(a) above and in Part I of Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the Rent Act 1968).

          (4)A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

          (5)A person who becomes a statutory tenant as mentioned in subsection 1(b) above is, in this Act, referred to as a statutory tenant by succession.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            I agree with Paulf, if the tenant no longer lives there then the tenancy no longer exists.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              As the tenant is still paying rent...

              A court will have to make the decision whether or not to grant a possession order to the LL !
              Thunderbirds are go

              Comment

              Latest Activity

              Collapse

              • Reply to Epc
                by mariner
                Not quite. The LL can apply to Court for Right of Access & ask Court to apply costs against T.
                29-03-2020, 02:10 AM
              • Epc
                by lavy
                Hi, Wondered if someone could clarify I have property with existing tenants in place long term and the epc has expired but was in force when they moved in . I am aware that it would need to be renewed if a new tenant was to move in . With the new rules coming into force soon must i get an epc done...
                11-02-2020, 12:28 PM
              • Reply to No EPC
                by mariner
                I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.
                29-03-2020, 01:30 AM
              • No EPC
                by Onepropertypeter
                I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital....
                28-03-2020, 16:16 PM
              • Reply to Epc
                by flyingfreehold
                Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption...
                28-03-2020, 22:15 PM
              • Reply to Asking for 35% off rent
                by AndrewDod
                This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

                But yes, they are most likely chancers using the law to try to diddle you.
                ...
                28-03-2020, 21:15 PM
              • Asking for 35% off rent
                by Lillylisa
                Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
                28-03-2020, 16:20 PM
              • Reply to Asking for 35% off rent
                by Snorkerz
                Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

                With your tenancy agreement
                • You give the tenants a tenancy, they give you rent (consideration)
                • Guarantor
                ...
                28-03-2020, 21:13 PM
              • Reply to Asking for 35% off rent
                by Lillylisa
                Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
                28-03-2020, 21:06 PM
              • Reply to Asking for 35% off rent
                by Lillylisa
                To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
                28-03-2020, 21:02 PM
              Working...
              X