How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 1285
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

I have a registered-rent tenant who has damaged my property

Customer Question

I have a registered-rent tenant who has damaged my property really very badly. I had been biding my time not wanting to force an eviction, but I have just been made redundant and need to consider my family home (we rent elsewhere, I only own the 1 place that is occupied by the registered tenant). Does my need to accommodate my family in the face of my redundancy provide me with more opportunity to secure a repossession order? Thanks
Submitted: 2 months ago.
Category: Property Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.

Yes you can - its a discretionary ground, that means the Judge may or may not order eviction.

You can do it on ground 3 - the tenant has damaged the property or allowed it to become damaged

So yes, you can issue possession proceedings on this ground.
For more information please read:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
Hi Jamie, That doesn't really address my point I'm afraid. I am already aware of the mandatory and discretionary grounds for possession and the distinction between them. All concerns I have with this tenant (there are many of them) are discretionary, and this is why I have not wanted to force anything. My additional point now is, as I go through the redundancy process, will the court be more understanding of any claim given the fact that I will not be able to afford my own rent soon. I know repossession orders against sitting tenants are almost not worth pursuing (on discretionary basis), but tell me if you have had any success in this field, or how extreme a problem need be before the discretionary grounds are approved by the court? Thanks. Michael.
Expert:  Jamie-Law replied 2 months ago.

Does my need to accommodate my family in the face of my redundancy provide me with more opportunity to secure a repossession order?

That is something that the Judge will consider. But that is not a ground alone which the Judge can give possession. Its only the ground 3 which we have discussed that the Judge can consider. Nothing more, nothing less.

Does that clarify?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.