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Question Title: Assured Tenancy ?
| Question: 207 |
| In 1995 I became a landlord after borrowing and investing a total of £400,000 and personally building five high quality detached bungalows. I offered one of the bungalows to a married couple who were in receipt of housing benefit. They liked my place so much, they did not want to lose it, and moved in instantly without regard to a pre-tenancy determination assessment and in the hope of post-determination affordability. I gave them all the help and time I could in assisting in their new claim. Two weeks after occupancy , full housing benefit covering the rental cost per week was sanctioned. The couple then signed a twelve month assured shorthold tenancy agreement. Because of my financial situation, I later needed to try and sell my main residence and wanted to live in the new bungalow. Two months before the end of the tenancy I issued notice in writing that I required possession at the end of the term. The tenants refused to leave and so I instigated possession proceedings. The tenants were granted legal aid and defended the court action. Now after spending thousands of pounds on legal costs I have been advised that because of a procedural error - I had the tenancy agreements drawn up and signed after the tenants moved in - a fully assured tenancy was established by implication on the first day the tenants moved in. No prior notice was issued. Will I ever be able to regain possession of my property, and how ? |
| Answer: |
| It is possible to use Ground 1(b) of the Housing Act 1988 to obtain possession of an assured tenancy i.e. that the house is required as the landlords (or spouses) only or principal home. Prior notice should have been given that this situation may arise, however the court will dispense with the need for this notice if it considers it just and equitable to do so. This will include a consideration of both parties situations. If any of your four other bungalows are available to you, it may weaken your case.
If you can offer suitable alternative accommodation to your tenants it may be possible to obtain possession under Ground 9 which is a discretionary ground and allows for this situation.
The preceding situation will now be less likely to occur as, since the end of February 1997, the 'default' tenancy is an assured shorthold tenancy allowing only six months security of tenure to the tenant. |
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Letting Handbook |
5-7 |
letting-handbook-and-factsheets.html
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