The ethics of 'stealing' a tenant...

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

  • The ethics of 'stealing' a tenant...

    I've had a prospect approach me about moving into one of my properties. They are currently in the middle of a tenancy but 2 of the rooms in their current house are totally unfit (i.e. so damp that plaster is falling off the walls and insects are making their homes in the rot). They want to leave, but their current landlord has said no. Should I help them? Firstly would they be able to get out of an AST because of the unfit property and secondly would it be ethically right for me to help them to do so in order that they can move into my property?

  • #2
    Ethics have nothing to do with it.
    T can certainly move to your property, if he wishes..It's up to T himself to escape from other property and tenancy obligations relating to it.
    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


    • #3
      What do you think their chances of escaping a written tenancy are where the property has rooms that are unfit to occupy?

      Comment


      • #4
        They can say that under the Defective Premises Act 1972 the premises are unfit and that as a result this is tantamount to harrassment. This then brings into play the Protection from Eviction Act 1977 as the landlord is probably in breach as a result.

        They could serve Notice on the landlord to repair within say 7 days under the Landlord & Tenant Act 1985 S.11 , or involve the local Environmetal Health Officer if necessary.
        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


        • #5
          ...or that an uninhabitable property's tenancy as a contract might be deemed frustrated.
          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

          Latest Activity

          Collapse

          Working...
          X