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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We bought a property in 2003 which belonged to my mother-in-law.

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We bought a property in 2003 which belonged to my mother-in-law. There was a five year rental agreement drawn up in 1971. The lease was drawn up between my mother-in-law and the husband. Sadly, they are both deceased. The wife is now well into her eighty's and we are concerned that as this is a three storey property, she may fall and seriously injure herself. We have an interest only, buy-to-let mortgage which runs out in March 2017 and as pensioners we are not able to get another mortgage.
The tenant is reluctant to move as she has lived there for a long time. We need to find a way to get this lady to give up the property, so that it can be sold.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a 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 1 year ago.
Hello Nicola,
Thank you for your note.
I will be happy to wait, however, I am astounded that one can not find a solicitor who specialises in Property Law, to answer my questions.
Kind regards,
Conley
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. This is quite a complex question which may explain why it is taking time to find an Expert.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Hello Nicola,
Thank you for your note.
Kind regards,
Conley
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
I am afraid you will find it impossible to get the tenant to vacate the property without going through court proceedings for a possession order and then getting a bailiff to make her leave if she still refuses to go after the court order.
You may offer her a cash incentive to vacate the property and this could be anything in the region of a few thousand pounds to vacate e.g. You may offer her £20K to vacate the property and say that the money will be paid when the property is sold and you receive the sale proceedings.
Of course if she refuses to agree to any such deal, you will have to go through the eviction process which will be complex, time consuming and costly.
All the best
Customer: replied 1 year ago.
Thank you for your advice.
Is there a real prospect of succeeding, if we decide to go to court?
Expert:  UKSolicitorJA replied 1 year ago.
Regulated tenants are very difficult to evict as they have strong rights and I would strongly advise you to try and negotiate a pay off with the tenant so that they leave on their own volition.
You can read more about regulated tenants and their rights here
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies
All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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