I think I have got myself in a right mess - I dont know what to do.

teddysmum

There's also the matter of tax on rent received, less any allowances.

teddysmum

Selling with her in situ will be difficult, especially if you get a buyer (willing to risk buying a property that is still occupied by someone not the owner), then can't get her out in time for their schedule.

PsiDOC

Tax implications are not a problem. It's all declared.

Just doing this landlords licence now. There's no time like the present as my dear old Nan used to say.

Gorecki

Disclaimer: I'm no expert on this.

If it were me though, I'd have one more try at getting her to leave voluntarily, as it does sound like you're quite open if things get messy and she goes down a legal route.

Perhaps try and meet with her for coffee, possibly with an independant person as arbitrator, and just explain your issues.
See if she'd be happy to move out voluntarily in etc 3 months?

Guest101

Gorecki wrote: »

Disclaimer: I'm no expert on this.

If it were me though, I'd have one more try at getting her to leave voluntarily, as it does sound like you're quite open if things get messy and she goes down a legal route.

Perhaps try and meet with her for coffee, possibly with an independant person as arbitrator, and just explain your issues.
See if she'd be happy to move out voluntarily in etc 3 months?

And get charged with harassment? no

G_M

I don't really understand why you needed
1) a new contract way back then- you had a perfectly legal periodic' (monthly rolling) tenancy after the previous 12 months ended
2) a 'noise clause'. Most tenancy agreements have a catch-all clause about acting in a tenant-like manner, and/or not distrubing the neighbours or similar - and even if not these are implied terms

However that's water under the bridge.



Best option is the tea and cake approach - this is family after all. Resolve it amicably if you can either by

3) putting a new joint tenancy in place with both names on it
4) complying with all landlord requirements
5) getting daughter to pay arrears (or write them off formally and start afresh) and rent going forward

or

6) complying with all landlord requirements
7) evicting as when and how the law permits. Since you appear o have a valid 12 month tenancy in place, this can only be done via one (or more) of the S8 grounds ( Schedule 2 (17 S8 Grounds a LL can use))

See also

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* New landlords: advice, information & links

Rambosmum

PsiDOC wrote: »

Tax implications are not a problem. It's all declared.

Just doing this landlords licence now. There's no time like the present as my dear old Nan used to say.

Excellent. Is there an up to date gas safety certificate? If not, get one booked now. Then write (pen to paper) a letter to your daughter giving date and time of gas safety check and advise it is a legal requirement for her to allow access, if the date and time is not convenient get her to let you know asap. Post it via post office, first class (not signed for) and get 'proof of postage'.

PsiDOC

I think Pixie was correct with this. I need to get all my ducks in a row and sorted. with this in mind I have done the exam and passed. now awaiting the licence.
The rest is being remedied next week.
I realise, through my own naivety and trusting stupidity I have left myself wide open and I have to cover my backside by getting everything ship shape and comply with requirements.
So that is what's happening.

Thanks all

Wobblydeb

Others may shoot me down in flames for this, but in this situation, I would.....

Offer to give her the deposit and a reference for her next rental, as long as she leaves the place quickly, quietly and preferably tidy.

[NB - Don't lie in the reference! You can give one without lying]