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Question Title: Tenant in Prison.
| Question: 25 |
| We manage a property where the tenant has been sent to prison. The tenancy is an assured shorthold. Can the landlord repossess the house.
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| Answer: |
| No, the landlord may not repossess the house without a court order unless the tenant has surrendered the tenancy. The landlord would need to have confirmation from the tenant that he/she surrenders the tenancy before the landlord could re-enter. You do not mention whether the rent is still being paid. It is likely that as a result of imprisonment, the tenant will be unable to continue to pay the rent. In this case, the tenant would be in breach of the terms of the lease. If the tenant was carrying out some illegal act at the property, and the tenancy agreement makes provision for the tenancy to be forfeited on such occurrence, then the tenancy would be forfeited. In either case, the landlord would have grounds to begin possession proceedings.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Possession Issues