Solicitor says it is virtually impossible to get rid of Protected tenants?

Solicitor says it is virtually impossible to get rid of Protected tenants?

16:17 PM, 17th February 2016, About 6 years ago 23

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My family have a property in Hackney, which comprises of a commercial property and a flat above which is accessed by a separate entry to the side of the street.impossible

I need some serious advise how I can repossess the flat as I have protected tenants who have been living there since 1986! They are a husband and wife in their early 50’s with a son age 14.

I have spoken to several solicitors who basically say its virtually impossible to rid of them, unless they are not paying the rent. They are protected under the 1977 Rent Act. I realise protected tenants are becoming a thing of the past, but in my case this could go on forever as it can be handed down to their son.

Unless I can do something which is legal I am in a position where I may have no alternative but to pay them out, which I know that is what they wish and are hanging on for.

If the property is worth for instance £500,000, what percentage should I offer the tenants as I have not got a clue and really begrudge going down this route. I realise I would have to negotiate with them, but I need an indication of what is a reasonable offer to make.

Over the years these tenants have been a nightmare which I wont bore you with, but the time has come for them to go!!

I would really appreciate if somebody out there who has had this nightmare situation can advise me what action I should take or point me to a relevant person that may be able to help.

Much appreciated

Salvina



Comments

by Ian Ringrose

14:57 PM, 18th February 2016, About 6 years ago

Paul,

Part of the problem is that the agreement was the Rent would be set in a way that is fair to BOTH the tenant AND the landlord. We all know that rents for “rent act tenancy” are now set so low that a landlord can harder afford to maintain the property in some cases, at the same time the landlords are required to provide central heating etc that was not expected at the time the tenancy started.

by terry sullivan

15:35 PM, 18th February 2016, About 6 years ago

have you increased rent in last 2 years? most important as increases value.

also--if lots of work needed then after expending monies-i cannot remember how much--then rent can be increased a lot more

are you a member of eg NLA? they can offer advice

by Salvina Mendola

22:01 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Neil Patterson" at "17/02/2016 - 16:21":

Thank you for your recommendation, I will be contacting them.

by Salvina Mendola

22:27 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "terry sullivan" at "18/02/2016 - 15:35":

Fair Rent is increased every two years by the Valuation Office Agency. Ludicrously over the years it's usually around £15 a week !!
Any modifications needed for example, bathroom and kitchen, to help increase the rent in theory is a great idea, but if the incoming rent is so low not much we can do.

by Salvina Mendola

22:28 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "terry sullivan" at "18/02/2016 - 15:35":

Fair Rent is increased every two years by the Valuation Office Agency. Ludicrously over the years it's usually around £15 a week !!
Any modifications needed for example, bathroom and kitchen, to help increase the rent in theory is a great idea, but if the incoming rent is so low not much we can do.

by Salvina Mendola

22:58 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Ian Ringrose" at "18/02/2016 - 12:24":

My parents bought the property in 1962, I lived there as a child. When my parents decided to retire in 1984 they decided to rent the flat and no contract was arranged, all verbal as it was for most in those days. The tenant applied for a fair rent which is the Rent Act 1977 under the Housing Act 1980 which was then registered. We have tried desperately over the years spent good money with various solicitors, to get them out but to no avail. I really would like to meet a housing lawyer who really does understand the 'old' law, who can honestly advise me. These tenants all have rights, what rights does a landlord have?

by Salvina Mendola

23:04 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Ian Narbeth" at "18/02/2016 - 12:14":

You are right it have to come to this. My father will be rolling over in his grave, after so many years of working and building up a small business to hand it not to his family but to Tenants. Its criminal!

by Salvina Mendola

23:05 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Chris Byways" at "18/02/2016 - 11:51":

Rogue landlord? I'm offended!

by Salvina Mendola

23:08 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "18/02/2016 - 12:27":

Sorry I am not fretting but looking for honest advise. I don't mind spending money if the outcome is an honest one. All I seem to do is spend money on solicitors/lawyers, obviously not meeting the appropriate person for the job.

by Salvina Mendola

23:15 PM, 18th February 2016, About 6 years ago

Reply to the comment left by "Neal Craven" at "18/02/2016 - 13:28":

Thank you for valuable comment


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