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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, we have a tenant who started his tenancy pre 15/1/88.

Resolved Question:

Hi, we have a tenant who started his tenancy pre 15/1/88. Subsequent to that date he was moved to another flat (this was around 01/2000). The new flat was a 1 bedroom, the old one was a studio. He was moved because he was causing a nuisance to the other tenants of adjoining flats. Unfortunately we don’t have accurate records of dates or rent, but believe the rent remained the same.

He has unspecified mental condition, where he will collect rubbish and store it in the flat, creating a fire hazard for himself and the other tenants. The state of the flat is quite unbelievable and the council attend regularly to remove the rubbish and clean the flat. The premises is due to be licenced soon, and the licensing officer has advised that he will not be able to grant a license whilst he continues to do this in his flat. His GP and a fire officer have also provided letters saying that he needs to be moved to appropriate accommodation as his actions are prejudicial to his and the other tenants health.

Last year, on the advice of a solicitor, we had him sign an AST, and after 6 months, we served a s21 and applied for a possession order. He has asked for a hearing based on the fact that he has had the same landlord since before 1988.

My questions is could we continue with the current s21 route, arguing that he has a AST based on either the fact that he signed an AST, or on the fact that his original tenancy was ended when he moved to the new flat based on the fact that the flat was not the same as the old one. Or would it be cheaper to find an alternative method like the procedure for ending a regulated tenancy based on his behaviour.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just so that I am clear, when did he sign the latest agreement please?

Customer:

Hi Alex, it was around October last year, cant remember exactly right now as dont have it to hand, but it was long enough ago, that it came to the end of the fixed term and the notice period.

Alex Watts :

Ok - but he signed a new agreement?

Alex Watts :

Old tenancy ended

Customer:

Yes

Alex Watts :

Ok- then you dont need to worry

Alex Watts :

If the old tenancy ended then that is it.

Alex Watts :

He should have raised any issues with the ending of the old tenancy

Alex Watts :

The Judge will simply be concerned with the signing of the new tenancy and if you have met these requirements

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks, XXXXX XXXXX judge grant him a hearing?

Alex Watts :

Likely the Judge will allow to have a hearing

Alex Watts :

And then make the possession order

Alex Watts :

If this answers your question might I invite you to rate my answer.

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply.

Customer:

Yes, thanks, XXXXX XXXXX new AST is valid then it sounds like I don't have much of a problem. Might he argue that he was conned into signing the new agreement though? (even though we really are genuinely acting in his and the other tenants best interests anyway)

Alex Watts :

He could try and argue this.

Alex Watts :

But fraud is a very serious allegation

Customer:

Would he be able to impose any costs on us if we pursued this and failed? (he has no money himself)

Alex Watts :

The court can award legal costs if you win yes

Customer:

OK, thank you.

Alex Watts :

All the best - please remember to rate before you go.

Customer:

It says you have not finished answering

Customer:

?

Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex