Eviction from alternative accomodation

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    Eviction from alternative accomodation

    Hi,
    I recently bought a block for flats, half of them were occupied.
    Soon after purchase, an existing tenant alerted me to the condition of his flat. It was uninhabitable. We moved him out into a vacant flat within the block whilst major work was undertaken. this is still ongoing.
    I have since found the tenant to be undesirable and in breach of several areas of his tenancy agreement and he has now stopped paying his rent. Therefore I have served a section 21 on the original flat, as this is the address on the tenancy agreement. However I obviously need him to vacate the alternative accommodation.
    Should I have served notice on the other flat instead?

    #2
    When does each of the tenants say they 1st moved in, in particular the one you suggest is "undesirable"??

    What paperwork do you have about
    We moved him out into a vacant flat within the block whilst major work was undertaken. this is still ongoing.
    , ideally signed by him??

    Was any deposit paid by him, if so have you (YOU!) protected it within 30 days of taking ownership??

    WHY was the place uninhabitable? Why had you not picked this up in the purchase/diligence process??

    Have you served the requisite notices on the tenants?? If not....
    a) No rent due - so difficult to be upset he's not paying...
    b) CRIMINAL offence if not done soon enough..
    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


      #3
      The property was bought at auction (completed end August) and we were not able to view the occupied flats. Flat 'A' occupied by the undesirable, had major damp. We put in writing that we would provide alternative accommodation whilst works carried out and a time frame of 8 weeks. He moved into flat 'B' on 10th Oct. We agreed for him not to pay rent prior to this date. The tenant stopped paying rent in November.
      The tenancy agreement commenced July 2013. We have no deposit, as tenancy started with a bond from the local authority which has since expired.

      Comment


        #4
        I repeat, please....
        Originally posted by theartfullodger View Post
        When does each of the tenants say they 1st moved in, in particular the one you suggest is "undesirable"??
        ................

        . re " We moved him out into a vacant flat within the block whilst major work was undertaken. this is still ongoing. " What paperwork do you have about , ideally signed by him??- do we assume nothing signed by him, just an offer from you??

        .......
        Have you served the requisite notices on the tenants?? If not....
        a) No rent due - so difficult to be upset he's not paying...
        b) CRIMINAL offence if not done soon enough..
        Really don't mind what the answers are, but they would help anyone else suggest your next steps...
        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
          There were 3 flats occupied when we took on the property. We have not spoken to them about the dates they moved in. The tenant in question has been in the flat since 2013. We have one note from him regarding repairs needed to the flat (but not suggesting that he couldn't live in it) and we sent him one confirming alternative accommodation whilst work being carried out. No agreement signed.
          We have served a notice of possession in Dec. Section 21. He is not yet 2 months in arrears with his rent.
          I'm not sure what you mean otherwise regarding requisite notices.

          Comment


            #6
            Originally posted by RICEDEV View Post
            There were 3 flats occupied when we took on the property. We have not spoken to them about the dates they moved in. The tenant in question has been in the flat since 2013. ...........
            If you haven't spoken to him how do you know?? If he's been there since the 80's he's a rent act tenant, regardless of paperwork, no s21 option...
            ......I'm not sure what you mean otherwise regarding requisite notices.
            On changing LL new LL must provide the tenant with her/his name and address in writing: S3 LL&T 1985: Note for this, '“address” means a person’s place of abode or place of business' (s38 LL&T Act 1985)
            http://www.legislation.gov.uk/ukpga/1985/70/section/38
            -within a defined timescales...

            If not fines - up to £2,500 - & perhaps criminal record. Oh, and no rent due if no "address for the serving of notices" (which may be a different address).
            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


              #7
              While other posters on this forum disagree, until a new landlord gives the tenant formal notice that they are the new landlord,
              I would suggest that any other notices received from that landlord might be invalid.
              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


                #8
                +1, 100% agree.
                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
                  You evict from the property he has a tenancy at.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    As above.

                    The tenancy is for the flat that he cannot occupy until the work is completed.
                    That is his permanent address and he will move back in once the repairs are done.

                    The place where he stays now is an "Alternative. Temporary. Care of ( C/O ) address.

                    You use the A.S.T. address, but send a copy to the "Care of address" for the avoidance of doubt.
                    But only address the envelope with the alternative address, not the letter.

                    Comment


                      #11
                      Ok so he is now in a different address to the one he holds a lease on. Now let's say he refuses to leave his new temporary address, the landlord goes through the hoops and ends the tenancy at the AST address! But he is now still holed up at the other flat and refuses to move, what then??
                      Any advice I give is my opinion and experience, I am as you also learning.

                      Comment


                        #12
                        Hopefully OP has it in writing & agreed by T, that second flat is temp emergency equiv ..
                        accom only whilst orig flat is renovated and T agrees to return to orig accom when renovations completed.
                        T must still give due Notice if he wants to vacate Tenancy, even while he is in temp accom. and LL still needs to serve due Notice and obtain repo Order etc Bailiffs should evict T from temp alt accom.

                        Orig rent was still payable, whilst in temp accom. until OP gave T a rent holiday for duration of renovation.
                        IMO better to have paid any removal costs for the nec moves + any nec storage charges and may be repay T £20 a month at end of each month for 'inconvenience'.
                        Can't see OP gaining any rent from this partic T.
                        Act in haste, Repent at Leisure.

                        Comment


                          #13
                          Thanks for responses.
                          The tenant in alternative accomodation is a young man, he has indicated (although not explicit) that he has been resident for a couple of years, no more.
                          Upon purchasing the property a letter was sent to each tenant advising them of our details. And asking them to arrange for us to inspect/ discuss the state of their flats.

                          Comment


                            #14
                            I have not got a signed agreement. Should I try to obtain one now?
                            If I can't get one, what difficulties might I encounter?
                            Will bailiffs evict from temp accom. If no order for specific property?

                            Comment


                              #15
                              Does the tenancy agreement he does have (old room) state (e.g.) "Room 4, 63 Acacia Avenue" or just "63 Acacia Avenue"??

                              btw if it gets to bailiffs you've got problems - both ways...

                              I'd be inclined to pursue s21 process to bitter end.. Many tenants (foolishly for them but that's another story..) go before expiry date of s21.. more when it gets to court, even more just before bailiffs turn up..... In your shoes (which I'd not have got into anyway, as I would have got things agreed on paper..) I'd wait & see what happens as it goes through to bailiffs.
                              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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