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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Jo I have just written a question but before I pay for the

Customer Question

Hi Jo I have just written a question but before I pay for the service I want to amend the question but the site is not allowing me to do that?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for requesting me but the Housing Act isn't really my area.
I will opt out for others.
Customer: replied 2 years ago.

Understood thank you

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

please continue

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now can you please explain your situation a little more?
Alex
Customer: replied 2 years ago.

Hi Alex

Please confirm exactly what you are wanting extra clarification on. I thought the situation was clearly explained.

Thanks

Robin

Expert:  Ash replied 2 years ago.
Sadly I can't see your question, might I ask you to repost it?
Customer: replied 2 years ago.

Hi Alex

The current position:

I own a property which consists of a shop on the ground floor and a 2 bed flat on the 1st and 2nd floor. The tenant of the flat (a single person) has been in occupation for approx 30 years as a regulated tenant and is paying a fair rent.

My Intention:

I am moving my business into the shop and in order for the shop to fit my business needs I need to build and extension to the ground floor.

Problem:

In order to build the ground floor extension without internal dividing walls, I need to knock down part of the 1st floor flat (kitchen and toilet see image below).

I am willing to place the tenant into temporary accommodation whilst the work is going on and move her back after.

Questions

(1). Can I seek possession of the flat on the grounds that I intend to rebuild the property and part of the flat.

(2). Separate to question (1) if the tenant is being moved out I would like to extend the 1st and 2nd floor to build 3 flats. I will move the tenant back into one of the flats under the same security.

(3) If in principle a Court is likely to grant possession what might be the procedure time scale and estimated costs 5K 10K etc.

(4) Any additional advice I may not have considered.

Architects plans are on hold until I get clarification of the position.

Thank you

Robin (image of rear of shop below)

Expert:  Ash replied 2 years ago.
1) Yes
Ground 10 of the Act states:
The landlord intends, within a reasonable time of obtaining possession of the dwelling-house—
(a )to demolish or reconstruct the building or part of the building comprising the dwelling-house, or
(b )to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house,
and cannot reasonably do so without obtaining possession of the dwelling-house.
You are intending to demolish PART of the building and therefore can seek possession on that basis
2) Yes you can do that too
3) Yes the Court can grant possession. The cost is £280 to issue the claim for possession.
4) You need to have clear plans to hand because the tenant is regulated, the Court is not want to give possession unless it has to. So if you can show you have plans, quotes etc for the development then the Court will give possession.
Possession will take around 2-3 months or so depending on how busy the Court is.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

What about the rights of the tenant...is she entitled to alternative accomodation which I must provide? Or is she simply left to her own devices?

Expert:  Ash replied 2 years ago.
No, she is left. You are seeking possession because you want to redevelop part of the building.
Does that help?
Alex
Customer: replied 2 years ago.

Understood - she will be left to find alternative accomodation herself.

Only part of the question that remains to be answered is the estimated costs of employing a solicitor to prepare the paperwork and if required attend court.

Finally what will the notice period be? She is paying on a monthly basis

Thanks

Expert:  Ash replied 2 years ago.
The costs are £200 per hour.
So its just maths as to the costs and time spent. I would imagine nothing more then £2500.
The notice period should be 2 months.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Alex,

I have been looking at Ground 10 Schedule 2 of the Housing Act 1985. Are you sure this applies to private Landlords?

Robin

Expert:  Ash replied 2 years ago.
Yes,
Alex
Customer: replied 2 years ago.

Alex,

I dont want to labour the point Section 79/ 80 of the Housing Act 1985 says (Ground 10 Schedule 2 of the Act) is only available to a Local Authority or Housing Association Landlords.

http://www.legislation.gov.uk/ukpga/1985/68/part/IV

Have you evicted using Ground 10 with a Private Landlord.

Thanks

Robin

Expert:  Ash replied 2 years ago.
Yes I have.
Alex
Customer: replied 2 years ago.

I would like to instruct you,.

Are you Alex Watts of Rowley Dickinson.

Thanks

Robin

Expert:  Ash replied 2 years ago.
Thanks for the request Robin but sadly I can't be instructed as its against site rules.
I would like to have helped. But please take a moment to rate my answer so the site credits me for my time.
Thanks
Alex
Customer: replied 2 years ago.

I have already rated. Can you recommend someone pls

Expert:  Ash replied 2 years ago.
Forgive me you have. You can find someone local here
http://solicitors.lawsociety.org.uk
Alex