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This isn't really a landlord / tenant problem but it has some commonalities so someone on the forum may know the answer. My wife part-owns a house occupied by her mother & brother but as soon as her mother got the dosh from my wife to help buy the house, relations broke down. There is a Deed of Trust that prevents her mother from creating any lien, charge or interest in the property which would include renting it or having lodgers & her brother is not named on the Deed of Trust. The brother is an excluded occupier & doesn't pay rent since the Deed of Trust precludes this so when the time comes to sell the house what notice if any, do we have to give him to quit? The only advice we've found is related to lodgers or people renting a room but this doesn't apply to her brother.
HELP!! I am new landlord and recently let the property I previously resided in. It is in a private gated community with an access road. I used an agency to find the tenants but I am managing it myself; professional couple with good references, ideal.. however we haven't got off to a good start as they believe they have been mis-sold the property as the agent has misrepresented me. I excluded the garage from the letting. They were informed of this by the agent both verbally and in written correspondence albeit it is not in the actual tenancy agreement. They don't dispute this, the problem is access. I have told them I expect 24/7 access to the garage. I have my 2 very expensive super cars parked there and wish to come & go as I please. They are disputing access as they believe they should have been informed upon viewing and it is not written in the contract or any correspondence. They are adamant the agency only informed them that I was using it for storage and did not inform them of what was being stored or my access requirements. Reading the letter the agent sent to them, it simply says SPECIAL REQUIREMENTS: Garage is excluded. I still believe I have the right to access my cars as often as I please as it is my garage and have said that I'm willing to send a text 30 mins prior to notify them of my arrival. Also I told them that they should keep the driveway clear from their cars to reduce me disturbing them as they can park on the access road in front of the house without a problem. However, they have said no to this as the listing included off-road parking which they say means the driveway; the garage is located on their private back garden only accessible via the driveway. I'm aware the contract states: The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord. Am I in breach of the tenancy agreement and could I be charged with with harassment or trespassing if I persist? CAB & Legal for Landlords have both said that I am acting unlawfully and that I am only entitled reasonable access to the property with regards to repairs/inspection requiring minimum 24 hours written notice which still needs their agreement regardless of whether the garage is excluded or not due to its location and accessibility. CAB say that I could be responsible for the council tax or at least contributing to it as the tenants do not have entitlement to the whole property which apparently includes the garage and driveway. Lastly that I should be contributing to their utility bills as my super cars are on charge 24 hours in the garage. Do I have rights to evict them if they deny me access to my garage? If not, do I have to relocate my cars if I want access to them? I don't have a garage where I live now. I've told them am happy to accept their notice if they choose to leave but I doubt they will want to. They've only been there a month and have a 12 month AST Please advise!
Hi I am in the process of trying to evict my tenants. They were served a sect21 back in April last year but have made no effort to move stating various excuses and are now trying to get a council property. I am attempting to deal with this myself through the court and have completed a N5B and N215. I have been advised that the bailiffs have a considerable backlog and to include a paragraph asking for it to be transferred up to the high court enforcement immediately to expedite matters. a) Does anyone have any advice regarding this process? b)Will a judge take any notice of an attached letter? Regards Apologies for spelling error in title!