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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A housing association wishes to sell a property that is subject

Customer Question

A housing association wishes to sell a property that is subject to a secure tenancy under the 1980 housing act, that tenancy having been previously granted by a council in 1977.
Do they have the power to evict a tenant and/or are they obliged to provide equivalent accommodation
Are they bound to reimburse the cost of agreed improvements during the tenancy?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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 : What type of tenancy agreement do you have please?
Customer:

Secure tenancy under the Housing Act 1980 (previously a council tenant since about 1992

Customer:

Council tenancy first granted in 1992, forget the reference in the question to 1977

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Unable to currently rate the service as still awaiting a definitive answer

Expert:  Ash replied 2 years ago.
I missed this as you had rated before I had given you an answer.

You are a secure tenant. They can will be unable to evict you without providing you alternative accommodation and transferring the secure tenancy.

The Court won't evict you unless you have breached your agreement. The Landlord simply wanting possession is not enough - the Court wont agree to that.

So you are secure, you will always remain secure and they will have to rehouse you.

Does that clarify?

Alex

Customer: replied 2 years ago.

Thank you Alex


 


The problem is that we have a lovely garden flat, 2 bedrooms and a cellar in a nice area. Do they have to rehouse on a like for like basis? I don't want to live in a grim flat in an undesirable area


 


Also, we have probably spent about £20,000 on the flat to make it nice. How will that improvement expenditure be recognised?


 


Many thanks


 


J M Marshall

Expert:  Ash replied 2 years ago.
Yes it needs to be like for like. Sadly because you are a tenant the £20k wont be recongised, you did not have to do the work but chose to.

But the property should be similar.

Alex
Customer: replied 2 years ago.

...and if they don't have similar...?


 


Should we insist on a garden?


Should we insist on a cellar?


Should we insist in the same area, or within, say, a mile radius?


 


What is to stop them repeating the process in, say, 2/3 years time?


 


Many thanks


 


J M Marshall

Expert:  Ash replied 2 years ago.
You can insist on a property similar to yours, it is a matter for you whether you accept it.

As a tenant you never have security, only if you buy I am sorry to say.

Alex

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