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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28235
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My tenant has lived in the property i want to sell for 20

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Hello my tenant has lived in the property i want to sell for 20 years, i do not have a copy of our original tenancy agreement, i have been advising her since 2016 that we want to sell the property, she just does not respond to anything. What are my options please? many thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: Stockport Chesire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: don this so, other than this is a difficult situation for me, the tenant is my sons former partner and my 2 grandsons live there, 1 is 20 the other 7. i have subsidized the house for 20 years but now i am 63 and want to sell it.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

From what you say, do I understand correctly that the tenant moved in on or after 20 February 1997 please?

Customer: replied 9 days ago.
She moved in in March 2001
Customer: replied 9 days ago.
she las lived in the property for 20 years in March

thank you. On that basis, she would have assured short hold tenancy and has no security of tenure. however, if the original agreement has been lost, you will not be able to use the accelerated possession procedure but will need to use the standard possession process.

you can provide the tenant with notice using the following form:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913745/New_Form_6a_2nd_September_2020.docx

You will need to ensure before you receive a form that you have protected any deposit within 30 days of receipt or if you didn't, that you return the deposit to her, that you have provided her with an energy performance certificate to the property and gas safety certificate all the notice may be invalid.

Under the coronavirus act, the present notice. That is required to be given a six months unless the tenant is more than six months in arrears. Following expiry of the six-month notice period, you can then after 10 that bring possession proceedings in the County Court. these notice periods presently are set to last until the end of March. If they are not extended, then the notice periods drop to their standard notice period of two clear months notice then no minimum further period before proceedings can be brought. If they are extended of course, then they may either remain the longer periods of notice as above or be varied in some way.

after the requisite. Notice, possession claim can be brought by completing the following form:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913745/New_Form_6a_2nd_September_2020.docx

Customer: replied 9 days ago.
thank you, ***** ***** pay a deposit because we were kind of related so no deposits are due. I have given her so many options and offers of help but she refuses to acknowledge anything i send her.
Customer: replied 9 days ago.
Just for clarity, are you saying that we can give her 6 months notice now, or do we need to wait until the end of lockdown? thank you.

if you decide to give notice before the end of March, the current notice period, unless she is six months or more in arrears with rent, is six months and the above conditions including the above form must be used or the notice may be invalid. As things stand, the additional notice periods are due to end on 31st March and they will then drop down to the standard two month period of notice unless the coronavirus restrictions are extended in respect of the moratorium for renters

Customer: replied 9 days ago.
thank you very much.,

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

Customer: replied 9 days ago.
thanks so much

My pleasure.

Customer: replied 9 days ago.
Hi again Joshua, i have just been on the government website to check the epc certificate and it says it is an F grade and needs to be E to let the property? This property has been let for 20 years. The epc was done a few years i had a complete new roof put on the property in December 2020. Does this mean i need to have another EPC done or work done to bring the house to an E level before i can issue the form https://assets.publishing.serv…? If so its very likely that the tenant will probably not allow workmen to go in as she has done this before.? many thanks

The requirement is to serve a valid EPC on the tenant before issuing Eviction notice not that the tenancy must be minimum compliance. However it is from April last year an offence to rent a building below E applying from that date also to existing tenancies and local authority can take enforcement action.

Customer: replied 9 days ago.
oh goodness, i had no idea.
Customer: replied 9 days ago.
the chances are (i hope that that has now improved with the brand new roof? Does this mean i need to get another epc done?
Customer: replied 9 days ago.
What can I do if the Tennant won’t allow an energy company to access the property to carry out a new EPC. This situation happened last year and she would not answer the door or respond to our calls, emails, texts

the energy performance certificate last 10 years so if the current certificate is less than 10 years you can simply serve that. If it is older than 10 years, you would need to obtain a new one.

Customer: replied 9 days ago.
it expires in 2023 i think, so i can serve that even though it says its an F grading not an E?

That's helpful- that's correct

Joshua and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
May i just clarify, my current epc is still in date but is a grade F, i can send this with the above form as it is?
Customer: replied 9 days ago.
therefore i do not need another Epc at the moment,? is that correct?

Providing it is less than 10 years old it can be used

Customer: replied 9 days ago.
it is, it was done in 2013.

All the best

Customer: replied 9 days ago.
Thank you