MOWILLIAMS Posted January 23, 2012 Report Share Posted January 23, 2012 My sister and have had house left to us in 2007 on the Wirral, We want to get the tennant out as we need to sell the property it is in a bad state of repair we can not afford £25000 for renovation. It is in 2 flats he is downstairs he pays £240 since my mothers death he has stopped paying the top up £30 denies he ever paid she had no paperwork for him but did declare income. He has been in for 20 years He has only worked for a couple of years in that time He has a drink problem He uses drugs not in house He has not cleaned the place The place is a dump His rent paid by housing He thinks the house is his We gained entry for a survey to find part of a ceiling had come down 3 years ago he had not reported it to us CAN ANYONE GIVE INFO ON HOW TO GET HIM OUT I HAVE SPENT MONEY TRYING AND GOING KNOWHERE Link to comment Share on other sites More sharing options...
LLAW96 Posted January 23, 2012 Report Share Posted January 23, 2012 20 years is close to the cut off date between rent act protected and assured tenancies, can you give a precise date. If you don't know do you have to apply to increase the rent every two years. Link to comment Share on other sites More sharing options...
MOWILLIAMS Posted January 23, 2012 Author Report Share Posted January 23, 2012 We have never applied for a rent increase as we had nothing todo with the property my mother did not apply for an increase since he moved in. I have just been told he moved in in 1990. My sister is thinking of taking my share and using it as her family home she has offered him £12500 to go I am not paying for him to go Link to comment Share on other sites More sharing options...
LLAW96 Posted January 24, 2012 Report Share Posted January 24, 2012 ok, when he moved in do you know whether he was served with a notice under s.20 Housing Act 1988, if so you are dealing with an assured shorthold tenancy and obtaining possession should be routine. If he was not served with a s.20 notice then he is likely to be an assured tenant and this means that you have to rely on one or more of the grounds contained in Schedule II Housing Act 1988 to obtain possession. Link to comment Share on other sites More sharing options...
Mortitia Posted January 25, 2012 Report Share Posted January 25, 2012 If he is a protected tenant then you will have to hope he kills himself off with the d and d. Have you tried approaching the council to discuss the situation? Mortitia Link to comment Share on other sites More sharing options...
Richlist Posted January 25, 2012 Report Share Posted January 25, 2012 If he is a protected tenant then you will have to hope he kills himself off with the d and d. Have you tried approaching the council to discuss the situation? Mortitia Yes I agree. Protected tenancies can be bad news for landlords who play by the rules. It needs an entirely different approach to the ones normally used by landlords. You will need to involve, social services, drugs enforcement, environmental health, the police, your local authority etc etc.,,,,,,and if social services or environmentall health won't play ball get your local press involved. They love a juicy story about how the people responsible for this scum bag are inefficient, incompetant and have falllen short of their responsibilities. Link to comment Share on other sites More sharing options...
LLAW96 Posted January 25, 2012 Report Share Posted January 25, 2012 Rent act protected tenancies ceased on 15/01/89 therefore if he is the original tenant i.e not a successor then he will be either an assured tenant or assured shorthold tenant. The problem here will be the s.20 issue most tenancies of this age end up in an evidential dispute as to if and when the landlords s.20 notice was served. Link to comment Share on other sites More sharing options...
MOWILLIAMS Posted January 26, 2012 Author Report Share Posted January 26, 2012 My mother let him have the flat when I was out of the uk. We can only assume he never had any agreement and without a doubt he would not of had a lease and refuses to enter into an agreement now. Can my sister get him out if she and her family need a place to live Lawyers have had money from me and have been no help, if he is protected what is my legal route. I can not go near him as he told the police i was going kill him I have'nt spoken to him in 20 years he is a drunk and pond life, his next move could be that i'm affecting his human rights! THANKS FOR HELP Link to comment Share on other sites More sharing options...
Grampa Posted January 26, 2012 Report Share Posted January 26, 2012 What you need is a solicitor that specializes in tenancy law. Try Painsmith they are very well known in the industry. http://www.painsmith.co.uk/Services Link to comment Share on other sites More sharing options...
LLAW96 Posted January 26, 2012 Report Share Posted January 26, 2012 Ok it seems that you have granted an assured tenancy by default (no s.20 notice) your starting point therefore should be Ground 1 Schedule II Housing Act 1988, I will not set out the ground here just google it. You would however have to argue that it is just and equitable to dispense with the need for notice prior to the commencement of the tenancy. Link to comment Share on other sites More sharing options...
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