Need possession but tenant has appointed a solicitor
Due to personal reasons we’ve had to inform a long term tenant that we need to take possession back of the property. The gentleman is getting on in years and is understandably upset about this. He’s always paid his rent on time and over the years we’ve become quiet good friends, which makes this situation so much harder!
We have tried to discuss helping him find another property to rent in the local area, but he has flat refused? We have just been informed that he’s appointed a solicitor, which has left us wondering why?
Could we be overlooking something here? We have a good letting agency dealing with this for us but just wondered if any of you have come across this situation? If so should we be concerned in anyway?
We take possession this month as the notice was served a few months ago but he’s not having it and wants to fight us in court?
Any thoughts would be appreciated.
Paul
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No tenancy agreement for 12 years - then evicted
Member Since January 2011 - Comments: 12217 - Articles: 1413
10:44 AM, 16th June 2015, About 11 years ago
Hi Paul
When was the first tenancy created?
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Member Since July 2013 - Comments: 561
10:50 AM, 17th June 2015, About 11 years ago
My first thought is phone landlordaction TODAY.
Member Since August 2013 - Comments: 883
11:34 AM, 17th June 2015, About 11 years ago
Hi Paul,
You say “we take possession this month”. Do you mean you already have obtained a court order and bailiffs will execute it out this month?
If not, then you cannot get possession until that happens since your tenant does not want to leave.
Depending on when the first tenancy was created this might be very difficult to obtain.
Member Since August 2013 - Comments: 124
12:05 PM, 17th June 2015, About 11 years ago
Is deposit protected?
Member Since November 2013 - Comments: 1130 - Articles: 2
12:08 PM, 17th June 2015, About 11 years ago
Hi Paul,
As Mark and Romain have said, your tenant’s right to remain in the property will largely depend on the kind of tenancy he has. If his tenancy agreement was made before 28 February 1997 http://www.londonlandlords.org.uk/tenants/your-rights/ (even if this agreement was made with a previous landlord), you don’t have the right to simply request your property back, as you can with a section 21 notice under a standard AST (i.e. MOST tenancies created AFTER that date).
Member Since July 2014 - Comments: 151
4:06 PM, 17th June 2015, About 11 years ago
You probably don’t take possession this month if you only served notice a few months ago. Once the notice has expired you need to obtain a possession order from the court. Once the possession order has expired you need to obtain a bailiff’s warrant. Bailiff’s authorised by the court can lawfully carry out an eviction and ‘take possession’. The landlord or the agent cannot.
If he’s a ‘long term tenant’ and his tenancy started before Feb 1997 he mabe an assured, rather than assured shorthold tenant – and you can’t use Section 21 notices with them – if that’s what you’ve used.
Member Since July 2013 - Comments: 135
6:06 PM, 18th June 2015, About 11 years ago
My question is different, did the tenant expect to stay in your property all his life. Not sure councils give life long tenure any more.
I may have to sell a couple of properties in the next couple of years to clear my residential mortgage. My tenants know their tenancy is year by year (although all are on periodic now), and offered the opportunity to buy if I need to sell, or have to sell
I’m sure tenants understand if they rent it is not permanent.
As you consider the man a friend do what you can to help, but don’t feel bad. The saying comes to mind 2 “it is what it is”. No guarantee that because you have a 25 year mortgage you can stay there if circumstances change either.