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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I are landlords of a property in Chatham, Kent.

Customer Question

My wife and I are landlords of a property in Chatham, Kent. The property was let(Shorthold Tenancy) to a lady who had custody of five of her grandchildren. The tenant died in march 2015 and the tenancy was taken on by her husband. A daughter and one granddaughter moved into the property to help care for the three miners. Unfortunately, the official tenant died on 19/03/2016. The older granddaughter and a daughter remain in the property but will not be able to afford the rent. They are looking for a smaller property, but are confronted by obstacles placed by Medway Council's Housing and Benefits,
Prior to the death of the official tenant, it was our intention to sell the property. In the mean time, with no contract issued to either of the occupying adults; with no reasonable advice from the Housing and Benefits office, they have approached me the consult with the council. The three youngsters (a girl and two boys aged between 6 and 10) are classified as having with Learning Disability.
I need the property back and they, therefore, need to be rehoused. What advice can you offer for their action with the council?
Michael Fortune
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Michael my name is ***** ***** I will help you.I assume they are on a periodic tenancy now?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am waiting for a response from expert
Expert:  Ash replied 1 year ago.
I need your number please Michael?
Customer: replied 1 year ago.
The current occupiers are not on any form of tenancy. They are hoping that the local authority will rehouse them.
Customer: replied 1 year ago.
I have sent you my contact details, here they are again.
Home: 01634 869 887
Mobile: 07913 339 754
Expert:  Ash replied 1 year ago.
Thanks. When would be good to talk?
Customer: replied 1 year ago.
Any day this week (except Thursday), including today. Can suggest that you give me a time, so that I can make sure that my wife is not occupying the telephone!
Expert:  Ash replied 1 year ago.
tonight?
Customer: replied 1 year ago.
yes please
Expert:  Ash replied 1 year ago.
Sadly I had already gone to bed at that point. Can I call today?
Customer: replied 1 year ago.
Ok, between 11.00 am and 1.00 pm
Expert:  Ash replied 1 year ago.
I calling mobile and home number but sadly were not in!
Customer: replied 1 year ago.
Hi Alex,
I am available to chat until sleep time.
Expert:  Ash replied 1 year ago.
Calling now. Alex
Customer: replied 1 year ago.
Thank you for your call today and advice. I will now write to the two senior members of the family remaining in the property, pointing out that, as they are not on the letting contract, I require them to vacate the premises.
Can I send you a copy of the letter for your editing or just approval?
Expert:  Ash replied 1 year ago.
of course. Alex
Customer: replied 1 year ago.
Alex, attached is a copy of letter I have written to the tenants. Are you certain that I do not have to also serve a section 21 notice?Mr M. Fortune
***** Walderslade
Chatham
Kent
ME5 8BJ
Tel: 01634 869887
Mobile:07913 339 754
Mr Nicola Mitchell
c/o*****Chatham
Kent
ME4 6HS 15th March 2016Dear Mrs Mitchell,Re: UNAUTHORISED OCCUPANCY
Mr Luke Mitchell***** Chatham, Kent, ME4 6HSIt is has recently been drawn to my attention that you have taken up residence at the property known as***** Chatham, Kent ME4 6HS.In accordance with the Rental Agreement issued to Mrs Betty Noades on 4th June 2010 and subsequently, on her passing, to Mr Tony Noades, the terms of the agreement does not include you as an authorised tenants in the premises. It is in this regard therefore, that I officially write to you, giving you, Mrs Nicola Mitchell, two month notice to vacate the premises.If, at the end of this notice period, you choose to continue occupancy of any part of the aforementioned premises I, as landlord of the premises, will have no alternative but to seek legal action to have you removed.Yours sincerely,M. Fortune
for
Land Lords
Expert:  Ash replied 1 year ago.
Yes that is fine. If you are unsure there is nothing wrong with serving a S.21 notice as well. But they dont have a right to be there, so you dont need a S.21. But send one at the same time if you want.