Need possession but tenant has appointed a solicitor

by Readers Question

10:43 AM, 16th June 2015
About 3 years ago

Need possession but tenant has appointed a solicitor

Make Text Bigger
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! Need possession but tenant has appointed a solicitor

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



Comments

Mark Alexander

10:44 AM, 16th June 2015
About 3 years ago

Hi Paul

When was the first tenancy created?
.

Ian Ringrose

10:50 AM, 17th June 2015
About 3 years ago

My first thought is phone landlordaction TODAY.

Romain Garcin

11:34 AM, 17th June 2015
About 3 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.

Robert M

12:05 PM, 17th June 2015
About 3 years ago

Is deposit protected?

Mandy Thomson

12:08 PM, 17th June 2015
About 3 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).

Paul Franklin

16:06 PM, 17th June 2015
About 3 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.

Recardo Knights

18:06 PM, 18th June 2015
About 3 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.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Want to avoid empty properties over Christmas?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More