Jez
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| 07 Dec 2006 05:59:32 |
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Does anyone have any experience of vacating a property with an assured tenancy? I'm in the process of buying a property in Sheffield and my solicitor tells me that you can not have the property vacated with a standard 2 month notice (like assured shorthold)in this situation. But the only way to vacate it is to increase the rent to a level the tenant can not afford to pay and has to leave. I'm concerned that the tenant may ask the Counil's rent officer for an independent review, and if he is successful in this I could end up with a sitting tenant.
My solicitor thinks he can not ask the Council's Rent officer for independent review as this is a tenancy he inherited from his late mother. Whilst solicitor is checking out the techanicalities I wondered if anyone had similiar experiences?
Thanks in advance
Jez |
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Oaktree
Posts:6
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| 28 Mar 2007 08:33:45 |
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To end an assured tenancy the landlord would have to prove one of 17 different grounds, none of which is that they want the property back!. Very difficult to do; if you increase the rent the tenant is almost ceretainly going to ask the rent officer to take a look.
I'd ask if the law pratice you are using has any property law specialists, this could be outside of a conveyancing solicitors field of expertise |
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Oaktree
Posts:6
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| 28 Mar 2007 08:37:45 |
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| Read your posting again - the vendor is your solicitor? is that right? I'm sure he shouldn't be acting for you at all if thats the case. This could be a rent act tenancy if the tenant has been in since before 1977, in which case its a lot harder than you think it may be as the tenancy may be transferable i.e. if the tenant dies it could be passed to another family member |
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