Wonder if any of the legal brains on here can advise on this situation.
Last year I inherited a small cottage that has a protected tenant. It was passed on to him by his mother when she died so cannot be passed on further.
He pays a tiny amount of rent (about £260 a month) which is determined by a rent officer each year.
The property is in an awful state and I've just been made aware of a bowing front wall that will need a structural engineer to look at. Also needs new windows and various other improvements. This will cost thousands to fix and take years for the rent to even cover it.
About 6 months ago there was a fire which the fire brigade's report states they believe was caused by a cigarette being thrown in the back garden. There were also some old gas canisters left on the property.
Ideally I would like him out so the place could be knocked down and rebuilt rather than throw money at it when eventually, when he passes away, it will have to be knocked down anyway.
I know protected tenants are heavily favoured by the courts but on the off chance anyone has experienced similar or is clued up on the issue, do I have any grounds to evict for these reasons...
1. Neglect because of the fire incident
2. Neglect of the property in general
3. Property needing complete refurbishment
Thanks
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Comments
alternatively, if it will cost £5K for the works (for example) then maybe offer him £3k to leave instead?
https://www.citizensadvice.org.uk/housing/renting-a-home/renting-from-a-private-landlord/#h-the-tenancy-began-before-15-january-1989
https://www.citizensadvice.org.uk/housing/renting-a-home/renting-from-a-private-landlord/#h-the-tenancy-began-on-or-after-
15-january-1989-but-before-28-february-1997
https://www.citizensadvice.org.uk/housing/renting-a-home/renting-from-a-private-landlord/#h-the-tenancy-began-on-or-after-28-february-1997
Is the building listed or part of a conservation area?
If so, there may well be protection or building restrictions that apply.
The local council will know. Best to check that out also.
Good idea about trying to pay him off, however I'm almost certain he wouldn't accept. When told he may have to temporarily move out while work is undertaken he said there's no way he's going anywhere. Also, with the amount rent he's paying, he knows he'll find nothing close to that elsewhere.
Cheers.
Sorry to say, but this could be quite messy, expensive and take time.
I suppose I could suggest he move out while the place is being rebuilt and then he move into the new build. Though as he's taken such little care of this one I doubt that would improve with new. Also don't think he'd agree to this anyway.
I just thought with the fire incident and general neglect that I might have just cause, but expect I'll need to speak to a solicitor.
I believe that applies to individual buildings that are listed for historical reasons and architectural interest.
It might not be totally inclusive either. There may be other authorities/agencies with separate listings or interests.
But conservation area listing is for buildings with group value and character within that conservation area.
Any alteration or demolition could impact on that. Often trees and surroundings too. I'd still discuss with the local council, who may well be responsible for conservation area management, rather than rely on a website listing.
I know, another hassle. Could save you a whole lot of bother down the line.
Joking obviously. You might just have to suck it up & think that one day you will be able to get your inheritance "back".....then sell it.
How old is the tenant....??
He might live another 25 years yet. After all he's not even now old enough to collect his state pension, as the goalposts were moved recently - by those who can afford to live very comfortably without it.
Oops! .... did I just get on my soapbox?
You will also have to fit fire and carbon alarms urgently. You are legally responsible. If something happens, you will be held culpable.
If he won’t let you in to undertake this work you will need to protect yourself by making sure the local authorities know all about this and the efforts you have made - letters, tel calls, personal calls.
Then you can can think of what you want to do next.
If you want the tenant to be forced out of his home, by demonstrating he's not been a model tenant, I would think you have to show you've been a model landlord. And that probably requires you proving you have done everything that's required of you by law, and maybe more.
@HardyAddick has also made a good point about investors who could buy the property from you. You seem to have already decided not to go down that path, but it might be a good idea to see what kind of offer you could get for it. Then if the cost of ownership and repairs and the commitments you would have to make (for, perhaps many years) don't stack up, you have an upside to compare them to.
You need to decide whether you are in effect prepared to invest in it over potentially the next 25 years on a net basis, if not just sell it now.
A Court must evict a protected tenant if you or your family lived on the property previously and want to return to the property to stay there again.
You could also become a vicar - as again if you wanted to live on the property the Court must evict the secure tenant.