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Sitting tenant from 1970s
LydiaJ
Posts: 8,083 Forumite
Do any of you landlords or agents know anything about the rules governing tenants who've been in place for decades?
My parents have inherited a share in a property that consists of 3 flats, which are let out. One of the tenants has been there since some time in the 70s, and so has all sorts of rights that tenants don't have now. As far as I have been able to understand it, there was some change of legislation in the 80s that gave landlords more rights and tenants less protection from eviction, but because this man has been there since before then, he's still entitled to his rights under the previous legislation.
When my parents first inherited the property, this wasn't much of a problem. However, now their circumstances have changed and they want to sell their share. Another family member wants to buy them out, but she can't get a mortgage while the property has a sitting tenant with all these rights, so they need to get him out, but they're not sure how this can best be done. (The family member wanting to buy my parents out is prepared to invest money in getting the tenant out so that she can buy into the property.)
If any of you have been in the landlord business for long enough to know about these things, your advice would be very much appreciated.
My parents have inherited a share in a property that consists of 3 flats, which are let out. One of the tenants has been there since some time in the 70s, and so has all sorts of rights that tenants don't have now. As far as I have been able to understand it, there was some change of legislation in the 80s that gave landlords more rights and tenants less protection from eviction, but because this man has been there since before then, he's still entitled to his rights under the previous legislation.
When my parents first inherited the property, this wasn't much of a problem. However, now their circumstances have changed and they want to sell their share. Another family member wants to buy them out, but she can't get a mortgage while the property has a sitting tenant with all these rights, so they need to get him out, but they're not sure how this can best be done. (The family member wanting to buy my parents out is prepared to invest money in getting the tenant out so that she can buy into the property.)
If any of you have been in the landlord business for long enough to know about these things, your advice would be very much appreciated.
Do you know anyone who's bereaved? Point them to https://www.AtaLoss.org which does for bereavement support what MSE does for financial services, providing links to support organisations relevant to the circumstances of the loss & the local area. (Link permitted by forum team)
Tyre performance in the wet deteriorates rapidly below about 3mm tread - change yours when they get dangerous, not just when they are nearly illegal (1.6mm).
Oh, and wear your seatbelt. My kids are only alive because they were wearing theirs when somebody else was driving in wet weather with worn tyres.
Tyre performance in the wet deteriorates rapidly below about 3mm tread - change yours when they get dangerous, not just when they are nearly illegal (1.6mm).
Oh, and wear your seatbelt. My kids are only alive because they were wearing theirs when somebody else was driving in wet weather with worn tyres.
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Comments
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Nice, loyal tenant of 30+ years and all you care about is how do we give him the heave-ho.
Pay him off would seem to be the obvious answer...but is he for being paid off to leave his long term home?0 -
Probably controlled rent etc.
You could offer the tenant £20 or £30 thousand to give up their tenancy agreement.0 -
Ohhh for a return to the good old days where tenants had some rights.Making money online in 2009 to date earnt:
Since January 2009
£35 Searching for stuff
$11 Clicking on stuff0 -
The tenant is probably legally able to stay until he dies.
I agree with ILW - I think your only legal option is to offer a cash incentive.0 -
Nice, loyal tenant of 30+ years and all you care about is how do we give him the heave-ho.
Pay him off would seem to be the obvious answer...but is he for being paid off to leave his long term home?
Sorry if I made the family seem uncaring. They don't want to be unfair on the man, and are happy to spend some money making sure things are OK for him. Apparently he's open to some other arrangement being made for him - he's (obviously) not as young as he was when he moved in, and I'm told the property isn't really ideal for his needs any more anyway.
If they could sell it without removing him, they would, and the family member who wants to buy would be happy to let him stay, at least for the foreseeable future, although not necessarily for ever. But obviously if she can't get a mortgage then she can't buy. That's the only reason anybody wants to get him to move out.
I agree he's been a loyal tenant, and deserves consideration, but I wouldn't go as far as saying that whoever owns or inherits the property, or any share of it, should be unable to sell for the rest of the tenant's life. I'm a tenant myself, and that's just ridiculous.Do you know anyone who's bereaved? Point them to https://www.AtaLoss.org which does for bereavement support what MSE does for financial services, providing links to support organisations relevant to the circumstances of the loss & the local area. (Link permitted by forum team)
Tyre performance in the wet deteriorates rapidly below about 3mm tread - change yours when they get dangerous, not just when they are nearly illegal (1.6mm).
Oh, and wear your seatbelt. My kids are only alive because they were wearing theirs when somebody else was driving in wet weather with worn tyres.0 -
Be fair and offer him 50% of the value of the property. That way everyone wins. The sellers are able to sell and the person can go and find something nice.0
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There is no way of "getting him out" unless he agrees to it. Presumably he likes it there as he has been living there for at least 30 years.
There was a thread on here a while back which suggested that houses with protected tenants fetch around 50% of their free market value.
So, if the flat is worth around £200K without a tenant, you might need to offer him up to £100K to leave. And he might decline.
Can't find the thread but this link suggests 50-60% of free market value.
http://www.independent.co.uk/life-style/house-and-home/property/tenants-at-your-fingertips-552277.html
Probably be easier for your family member just to purchase a house or a flat on the open market. At least they'll be able to get a mortgage for it.0 -
Why can't you offer him a sensible incentive to agree to sign a new modern tenancy contract which will be acceptable to the mortgage company.
That way he gets to stay and you continue to keep an obviously excellent tenant.
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How this usually works is that you agree a cash incentive with the tenant of between what the flat is worth with him in and what it is worth with him out. If he is not particularly happy there, then be patient and let him move out in his own time. If he has dependents living with him, i.e. children, they may have rights to continue living there, too.0
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