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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a tenant who has been in my property since before 1987,

Resolved Question:

I have a tenant who has been in my property since before 1987, the rent is paid from Gedling borough council at £66 per week. I would like my son to be able to rent this property, how easy is it to give him notice
Submitted: 3 years ago.
Category: Property 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know what type of tenancy he has please?
Customer: I am unsure as it was my mothers house originally, and I took it over after her death in 2007, but believe it is protected as she tried unsuccessfully.
Alex Watts :

Do you know if its a regulated tenancy or protected tenancy?

Customer: No I am really sorry to be unhelpful but I don't know, we couldn't even find a copy of the tenancy.
Alex Watts :

If its a regulated tenant its a problem.

Alex Watts :

This is because you can ONLY evict a regulated tenant:

Alex Watts :

- suitable alternative accommodation is available

Alex Watts :

- rent arrears

Alex Watts :

- breached the terms of the tenancy agreement

Alex Watts :

- caused nuisance or annoyance

Alex Watts :

- furniture or condition of the property has deteriorated

Alex Watts :

- tenancy has sublet without the landlord's consent

Alex Watts :

- landlord or a member of landlord's family needs the property to live in more than you do.

Alex Watts :

Those are the only reasons. You can NOT get them out unless they have breached the above.

Alex Watts :

Sadly therefore you can not just give notice, there needs to be a genuine reason.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

You can seek an increase in rent. If the tenant objects then it will go to a Tribunal who will decide what the proper rent is.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you for prompt rely Alex, but the reason i would like to give notice is that my eldest son has recently parted from his wife and subsequently left their family home as they have 2 small children he needs to rent somewhere close as I help with child care. Do you know how I can find out the type of tenancy he has?
Alex Watts :

You need to get a copy of the tenancy agreement - this is the only way.

Customer: I understand but I definitely don't have a copy, and the tenant claims he hasn't. In your earlier reply it stated that if the landlord or member of family needed to live in property etc, would this not be a valid reason?
Alex Watts :

Yes this would be and you could seek grounds for possession on that basis

Customer: Thank you how much notice would I have to give him, and would I have to find alternative accomodation?
Alex Watts :

You would need to give a minimum of 2 months.

Alex Watts :

No, you don't have to find alternative but wanting the property back is a discretionary ground, not mandatory, so a Judge could say no

Customer: Ok thank you
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer: Yes you have answered all my questions promptly, except if there is any way or any where I can go to find out the type of agreement he has?
Alex Watts :

The answer is no - either you or he must have a copy.

Alex Watts :

If you both do not have it - there is no way sadly of finding out

Customer: Ok
Alex Watts :

 


If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: Would it be in order for me to give him notice, or do I have to do it more formally?
Alex Watts :

Yes, do it in a letter though

Alex Watts :

Remember you are taking someone's home away from them - be sensitive to that.

Customer: Obviously I would be sensitive as he live next door but one to me, and it have known him for a very long time. The advise has been useful thank you
Alex Watts :

All the best - please remember to leave feedback before you go today

Ash and other Property Law Specialists are ready to help you

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