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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4968
Experience:  Solicitor
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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: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year 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 1 year 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 1 year 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?