Protected tenancy - removal of tenants name from fair rent registration

[Barleyc34]

In 2000 my grandmother died and bequeathed me a cottage. It had originally been included in a tenancy with farm land and a farm house, that had been rented to my Uncle. He subsequently sub-let the cottage to his daughter (my cousin) and her husband. Convienently there was never any tenancy agreement or rent book and when the cottage passed into my possesion they became protected tenants.

I have registered for a fair rent (only fair as far as the tenants are concerned). My question is this. My cousin is now divorced from her husband. She moved from he cottage, and he has remained. All children live away. I want her name taken off the fair rent registration forms so she cannot move back in, should he choose to move out. Is this possible. I have contacted the fair rent commitee who said that I could do this when I next applied to increase the rent. However when I did this, they then informed me that it wasnt possible. Surely if she hasnt live there for over 5 years she should not be on the tenency.

I realise that it is nigh on impossible to evict the tenant, but my father who farms next door (some of the land borders with my cottage) is keen for me to start assisting more with the running of the farm (he is now 70). However my family and I live over 9 miles away and I myself am on a small income and cannot afford to buy a house in the near vicinity, or afford the fuel costs to be there on a daily basis. Would these grounds be enough for the courts to consider removal of the tenant?

[Mortitia]

The question is does the cousin still have a tenancy? I have just read elsewhere that succession can happen TWICE so it is unlikely that you will get possession unless they agree to relinquish it.

Try buying them off.

Who lives there now and have you accepted rent from whoever is in residence?

IMO your personal circumstances are irrelevant to the matter.

[Melboy]

Yes, the first thing to accept is that your personal circumstances will be of no consequences to the fair rent committee.

In your case I would seek professional advice from a property specialist solicitor and I do mean a proper specialist solicitor who could advise you properly. The 1st half hour is free, normally, so you have got nothing to lose in seeking advice.

[Barleyc34]

Thank you for your replies. It is my cousins husband who currently lives in the cottage. They are both named in the fair rent registration forms.