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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a tenant who has lived in a property since the early

Resolved Question:

I have a tenant who has lived in a property since the early `80`s.I cannot find a lease for the tenant and there is unlikely to have ever been one.Does the tenant have protected rights or will it be possible to gain vacant possession?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Am I correct to assume that the tenant has and continues to pay rent please?
Customer: replied 2 years ago.

Yes. The rent is up to date.

Expert:  Joshua replied 2 years ago.
Thank you. If the tenant moved in before January 1989 and has paid rent from that date and occupies the property exclusively - i.e. does not live with you - then the tenant is likely to be a regulated tenant, sometimes known as a "Rent Act" tenant. This type of tenant has security of tenure and cannot be evicted generally unless he is in arrears with rent or breaches tenancy terms. In addition the rent can be set by a rent officer which would normally be below market value. Finally this type of tenant can pass on his tenancy to close family that live with him or spouse though such succession can only happen a maximum of twice with more restrictions on any second succession. In order to evict for reasons other than the above, a landlord must show a "ground" which is valid under the Housing Act. The following grounds are all valid reasons to seek possession. If you fit any of the following grounds then you may consider an application for possession though you would need to provide evidence of any ground you seek to rely on:the landlord (or a member of the landlord's family in some circumstances) wants to return to live in the property (and lived there previously)the landlord wants to retire to the propertya minister of religion normally occupies the property and needs to live therean agricultural worker normally occupies the property and needs to live there (and you are not an agricultural worker)the landlord is a member of the armed forces and intends to live there after dischargeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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