Inherited Cornish cottage; elderly tenant pays no rent

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  • Inherited Cornish cottage; elderly tenant pays no rent

    Hi All

    Just a question if any one can help!

    I have recently inherited an old cornish cottage which is fairly dilapidated and has, surpirse surprise a tenant who apparently paid my grandfather £20 a week rent.

    There is no lease and no rent has been paid for many years.

    I dont want the property as its only got a small value and want to get possession to sell

    Any ideas please!!

    The tenant is a nowty old so and so and will not leave without a possession order and probably the bailiffs!!

  • #2
    I guess this will not be an AST - tenant presumably been there for more than 20 odd years. So probably a Rent Act tenancy in which case you cannot get rid of the tenant. Options:

    1. Enforce a fair rent; he may then leave if he cannot afford it*.
    2. Sell WITHOUT vacant possession
    3. Pay him off (perhaps 50% of the difference between value with vacant possession and without) and then sell with vacant possession.

    _____________________________________
    * it may be fworth your while getting the Council EH department in to enforce repair notices on you (I'm assuming this is a grotty hovel); you then apply to court for possession to do the works (he knows his rent will go up if the place is smarter) and then have a fair rent assessed - which will be greater than it would have been for the hovel.
    The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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    • #3
      Important question
      For how many years has no rent been paid? If >12 yrs., we may have a problem Mission Control.
      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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      • #4
        Cheers Guys

        I think its only worth getting shut of the property

        Thanks again!!!

        Comment


        • #5
          Originally posted by SNOBDR View Post
          Cheers Guys

          I think its only worth getting shut of the property

          Thanks again!!!
          Before doing anything, check at HM Land Registry.
          Has T applied to register a possessory title, for instance, based on long period of not paying rent?
          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


          • #6
            No, the Land Registry is clear

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            • #7
              Originally posted by SNOBDR View Post

              The tenant is a nowty old so and so and will not leave without a possession order and probably the bailiffs!!
              This may be so, but why should he just walk out of his home just because you say so?

              Where is your empathy for this guy?

              Put yourself in his shoes and then you find it easier to get a win win situation.

              Unless you follow all the rules; you may find that he does not owe you a cent as things stand. And I'm not going to give you any clues either.
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

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              • #8
                Bel: an occupier paying zero rent perhaps merits a little less empathy. Who wouldn't be pleased to have rent-free accomodation?
                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


                • #9
                  There may be a good reason for that.

                  Afterall the OP says he is thrice old; perhaps he cant remember where to send to rent to.
                  All posts in good faith, but do not rely on them

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                  You can search the forums here:

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                  • #10
                    I dont know the whole story but any tenant who hasnt paid rent for a long time knows he hasnt paid rent for a long time and has no sympathy from me. Talk to him first if you get no joy have him out. (if you can)

                    Age has nothing to do with it.(unless he is not all there up top)

                    I wouldnt lose a minutes sleep over it.

                    Right i will now get my tin hat on and wait for incoming flak

                    Comment


                    • #11
                      Originally posted by johnboy View Post
                      I dont know the whole story but any tenant who hasnt paid rent for a long time knows he hasnt paid rent for a long time and has no sympathy from me. Talk to him first if you get no joy have him out. (if you can)

                      Age has nothing to do with it.(unless he is not all there up top)

                      I wouldnt lose a minutes sleep over it.

                      Right i will now get my tin hat on and wait for incoming flak
                      INCOMING!!!!!!!!!!!

                      Not really, I must agree with you, if he has had years rent free then he should think himself lucky he hasn't been chased before.

                      Comment


                      • #12
                        Dilapidated! low in value! for a cornish cottage. Does not sound like its worthy of rent. Sounds like its more like a shed. If the landlord hasn't kept it in a satisfactory condition for the tenant perhaps its been more a case of the tenant living there rent free because it's not considered habitable. Landlords been happy with this, and so has the tenant. And now someone comes along and wants to kick the poor pensioner out. Absolutely heartless.

                        Comment


                        • #13
                          Nothing in this life is free. Have him out even if the the cott is in a bad state of repair he is still getting something for nothing and knows it.

                          If the L/L wants to keep it he should either modernise it (and i bet the tenant would still not want to pay) or bring it up to a basic level and charge the going rate.

                          As i said earlier talk to the tenant first even if he doesnt want anything done to the property (which isnt his choice) it still has a rental value as it is which should be paid. (though maybe very little)

                          Tin hat on head down

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                          • #14
                            It can't be that little (the rental value). A remote cottage in Cornwall, no rent, no neighbours... sign me up now!
                            The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                            Comment


                            • #15
                              John boy

                              I agree that wilfully witholding rent is not on. But we do not know many of the facts of this case.

                              What we do know that the tenant has lived there for many years, undisturbed, that the OP thinks the tenant is "old old old", and "nowty old so and so " will probably only leave with a possession order and bailifs. Well you don't have to be old or nowty to want to remain in your home for as long as possible. Anyone with sense would.

                              Whatever the situation is, its still somebody's home for many years. The OP did not just inherit a property; he inherited a property that happens to be someone else's home, and yet it comes across in the post that they are seen as a disposable inconvenience to the new owner, who is looking to his own financial gain as soon as possible.

                              I agree that the proper procedure could be used to terminate the tenancy, but the full rights of the tenant should be respected. The law is the law, and I would support the tenant to lawfully remain in his home for as long as possible, and at the same time, ensure that the landlord also got his due.

                              Because the OP shows little respect for the elderly gentleman, I do not feel anyway inclined to give advice that might make an eviction any easier him.
                              All posts in good faith, but do not rely on them

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                              You can search the forums here:

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