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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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We are a group of Crown Estate tenants in Somerset who have

Resolved Question:

We are a group of Crown Estate tenants in Somerset who have had our tenancy's terminated as the Crown Estate want to sell off our homes, there are 28 properties being sold in our Parish which is a considerable amount in a small community.

Everyone has AST agreements but when we took on the tenancy it was implied/stated that we were to treat the property as our family home on a long term basis and have been actively encouraged to carry out enhancements to our homes.

I would like to know if there is a case to be brought re the implied agreement as every tenant will agree that this is the basis on which they took the tenancy, also the AST agreement does not mention any termination period just that the keys need to be handed over and the property left in a reasonable condition.

I hope you can find time to assist.

Regards

Mark Kemp.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

When did you take on the tenancy? How long were the tenancies for? Did everyone start at the same time? Were those representations made orally or in writing? Can you remember precisely what was said and by whom? Are you hoping to stay in the properties or are you seeking re-imbursement for the works you have all done?

Customer:

The tenancys are from various times ranging from 2008 back to 1992, the tenancys are for a 12 month period, the representations were made orally to the individual tenant, they wanted a family to treat the property as their family home.

Customer:

we have 9 families that want to stay in their homes but if they have to leave then the 9 plus another 5 will be looking for compensation.

LondonlawyerJ :

Thankyou for that. I will answer this later this evening or tomorrow morning but were the representations no more specific than that they want tenants to treat them as their family home. Was there nothing more than that? In what way were you actively encouraged to carry out improvements?

Customer:

Hi, The landlord states on their paperwork that they want the tenant to "take responsibillity for their home and treat it as their own", this togerther with the implied agreement is the road we want to take to stop evictions taking place and if possible to get an injunction to halt the actions.

LondonlawyerJ :

I am afraid that if that is the extent of the representations that this will not ad any additional rights or protections to the assured shorthold tenancies.then you will simply have to leave I am afraid. If there is nothing stronger than treat as a family home or take responsibility and treat it as their own then this will not enable you to either prevent eviction or claim back improvements etc. I think people who have spent money on their homes can use it an an attempt to negotiate some payments but if the Crown Estate refuse to be reasonable then there will be very little that can be done.

Customer:

Thank You.

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