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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My basement was flooded and needs clearing to make urgent repairs.

Resolved Question:

My basement was flooded and needs clearing to make urgent repairs. There is an elderly sitting tenant who seems reluctant to move out temporarily, perhaps fearing he might not be allowed to return. He has taken legal advice and a local Housing Advice Trust has sent us a a lengthy 'draft' document to consider and sign entitled a 'temporary housing agreement' They advise us to seek our own independent advice before signing. Do we have to sign an agreement at all? We have already confirmed in writing that the tenant may return.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was the legal advice from the Trust or his own Solicitor please?

Customer:

BHT (Brighton Housing Trust) employs solicitors

Alex Watts :

Ok thank you.

Alex Watts :

I can understand why the tenant is concenred.

Alex Watts :

Technically as soon as he moves out then his agreement comes to an end,

Alex Watts :

Even if you said he could move back in that does not necessarily have any legal standing

Alex Watts :

What this document will be is a contract

Alex Watts :

That means it binds both parties and would set out the rights and responsibilities

Alex Watts :

Therefore if you do not let the tenant back in he could sue for breach of contract

Alex Watts :

This is why it appears that the tenant wants it - for the reason that as soon as he moves out then the tenancy comes to an end.

Alex Watts :

However I would go back and suggests that he pays for your legal advice, if he wants the agreement looked through

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Good point. However he has lived in the flat since 1994 and in another room in thgis house since 1964, so he appears to n

Customer:

appears to have a secured tenancy (sitting tenant from the old rent act)

Alex Watts :

Yes but even so if he moves out, all that comes to an end.

Alex Watts :

I can see why he wants to do it, to preserve his status and tenancy.

Alex Watts :

If you were in the opposite position, you would want to do the same.

Alex Watts :

After all you wouldnt want to lose your home after all these years.

Alex Watts :

Its just belt and braces

Alex Watts :

Does this help?

Customer:

So it sounds like it's all for him, so we can ask him to pay for our legal advice. It also states in the draft contract that it is a regulated tenancy which is incorrect.

Customer:

Looks like you have left the discussion for now, I need to pop out for a while

Alex Watts :

The system does show me on and offline when I switch screens

Alex Watts :

Yes get the agreement amended and also ask him for pay your legal fees.

Alex Watts :

Does that clarify?

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