Evicting Tennant Advise

AWOL_2

I have a property that is let (Assured Short Hold Tennency) to a DSS tennant for some 10years now. The rent is paid directly from the council into my account on time but the rate is below current market value.
As the tennant has been living there for sometime i do not have a copy of his tennancy agreement to hand. I gave him a rent book originally when he moved in which had standard terms and conditions for ASH.
I am wanting to regain possession of this property can you please advise if this is possible.

Grounds that i have or would normally use would be breach of conditions of tennancy if i had a copy now - these inculde not keeping the property in good repair/tidy. Having non rent paying guests stay in the property without paying rent and using the property for illegal activities (smoking wacky backy) ha.
Although i dont have tennency conidtions written, but alot of conditions are implied by law where not written contract is available.

Could someone please advise me on the best process to regain possession of this property in an amicable and quick manner.

Thanks

lynzpower

2 things really ashout out at me here

1) they must be fairly good tenants if they have been with you for 10 years. Have you have the rent asseessment board round to see if you put the rent up they would still cover it. you might be surprised.

2) if you are wanting to evict your tenant then I expect you are on a periodic tenancy arr you ( have you given him a new written AST this year?)

Just write to him and give him notice to leave, if there is no current ast, then you dont need to dream up reasons to evictm ( guests, pot smokin etc ) jsut say, you want it back and that is that.

thesaint

Do you want the property back, or would you prefer the market rent?

silvercar

serve notice to get it back or notice to increase rent; two months notice to end on a rent day in both cases.

Either the council will cough up more rent or the tenant may have to find a top-up. The tenant could decide to leave of course.

Risk is that the tenant may be told by the council to await eviction before they will be rehoused. Manageable situation but means a court case for you unfortunately.

barnaby-bear

AWOL wrote: »

Grounds that i have or would normally use would be breach of conditions of tennancy ....Having non rent paying guests stay in the property without paying rent ....

!!!!!!! He rents his *home* from you for 10 years and you expect him to pay rent to have overnight guests... Does anyone else find this a bizarre tenancy condition - the type that makes me hope this type of LL/contract will be first up against the wall when the revolution comes:A .

Edit: Having said that 10 years on the DSS, don't really care what happens to the parasitic b^gger

matto

Are you absolutely sure it's a shorthold tenancy?

From: http://www.landlordzone.co.uk/residential_tenancies.htm


Shorthold Tenancies granted after 15 January 1989 and before 28 February 1997 are only enforceable by the landlord if the correct notice was served at start. A prescribed form Section 20 Notice was needed.

Tenancies commencing after 15 January 1989 but before 28 February 1997 may be either Assured Tenancies or Assured Shorthold Tenancies. The default tenancy here is the Assured one which offers more security to the tenant, unless the landlord can show that the correct Shorthold (Section 20) Notice was served. Again, caution is needed when purchasing with existing tenants.

AWOL_2

Just to clear up some points -
The tennant has been living in the property for 10 years - he has not personally being paying any rent to me whatsoever, it all comes directly from the council. The problem is that due to property prices and changes in the local area the property now demands more rent that what the council are paying for it currently. They will not be increasing it at all.

The tennant does not have the occasional guest - he has permanent guests and i would not be surprised that he is charging them for staying over. These people on benefits are so resourceful.

End of the day, i have been extremly good landlord, many landlords are not willing to take in DSS tennants at all. The property needs modernisation but the tennant needs to vacate the property for me to be able to do these repairs. Once i have done this, the porperty will be fetching more more rent than it currently is. Therefore do you appreciate why i find it nessecary to do this.

I have today served a section 21 notice giving the client 2 months notice to leave the property. I hope that was the correct first step. I thought i better not suggest breach of tennency etc.

silvercar

I have today served a section 21 notice giving the client 2 months notice to leave the property. I hope that was the correct first step. I thought i better not suggest breach of tennency etc.

Definitely the correct step. Section 21 is mandatory, so there can be no arguements with a judge as to paying back rent arrears or promises not to breach tenancy.

Only problem may be showing that this is an AST.

Provided the council is paying you the money as rent from the tenant and not as the council renting it from you and then tennating the property themselves you should be alright.

As for the tenant having guests. A tenant is entitled to "quiet enjoyment" of the property, so having friends/ partners stay over is acceptable; sub-letting the property would not be.