How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought please

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Thank you Plan B. I note that you have given me loads of feedback and advice on this topic. I'm now going through your posts systematically so that I can provide clarification where you have asked for this, and also seek some more steer from you and members at large. I appreciate and realise that you and all members invest a lot of time in a most selfless way in order to help people like me. Thank you once again.

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Thank you Plan B.

I will use an analogy and say that if one is unwell and gives an accurate description of their symptoms to their GP, the more chances that the GP will provide the correct diagnosis, advice and treatment. I use the same approach here, so I'm being frank about the details, my understanding of the situation and perceptions. I am sure there is more to the tenants' apparent discontentedness, but they are not making sense to me especially given that this is not a contractual issue. Despite sending them proof in the form of an Energy performance certificate, they still disputed that there was cavity wall insulation in the house.

The ensuing e-mail correspondence led me to believe that they wanted me to agree to the installation of cavity wall insulation in return for a reduction in rent - they did the same thing with their previous LL, so they said. They had a contractor drill the wall without my permission and I understand a camera was inserted into the wall which allegedly showed that there was no insulation - despite asking for this evidence and the name of the company concerned, the tenants continued to be evasive and to this day, I have not seen any evidence which they say proves that there house is uninsulated. I had a energy engineer attend the house (the same engineer who made the original assessment before I let the house) and his report was good showing average energy efficiency at 75%.

The only communication with the tenant is e-mail, and the neighbours who had asked for my help to house their relatives will not talk to me. The tenant's demeanor and tone of communication is perennially aggressive.

I have sent the tenants a letter, copied to the neighbour informing them of my willingness for Alternative Dispute Resolution, but I've had no response.

I am not so sure that the situation is salvageable now and I have taken note of your cautionary comment.

No, I will not be homeless if the tenant does not move out, but my house might be re-possessed if I default on my mortgage as I am now having to pay rent for where I live as well as mortgage in the absence of any rent.

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Yes, you are right PlanB, I'm an accidental LL. Thanks for sharing the wisdom which adds to my learning.

I welcome your views PlanB. My resentment is towards the T's behaviour towards me, nothing more. I resent my neighbours for putting me in this situation especially when I know that they are in a position to turn this situation round. The decision to offer them a lower than market is nothing to do with money, but rather a simple gesture that the arrangement was beneficial to all concerned - a family having the full enjoyment of the house and looking after it, and neighbours who would keep a watchful eye and alert me of anything untoward - that was the essence of the arrangement. But I'm now of the mind that the neighbours had this all planned out as they have had ‘run-ins’ with other neighbours before my time. I had been warned over 10 years ago to be wary of the neighbours but I seemed to get on with them and for a senior citizen couple, I never expected that they would shut me out like this - I tried to call them recently for a chat about the situation and they put the phone down but not before saying a few choice words.

[PlanB]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

I am sure there is more to the tenants' apparent discontentedness, but they are not making sense to me especially given that this is not a contractual issue..

A tenancy agreement is a 100% legal contractual issue. Sadly both you and your tenants are making it an emotional one and that's where it's going wrong

I'm afraid the court won't be the slightest bit interested in either side's conduct unless you are seen to have harassed them in any way (I'm not implying that you have) or they have caused damage to the property for which you intend to claim compensation (which should be dealt with by the tenancy deposit scheme in the first instance).

Savings all those emails to show them to the judge will only make him cross. He's there to judge legal facts not morals. Under section 21 you have an absolute right to get back possession of your property. As explained it's a "no-fault" claim. You don't have to blame them for anything.

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

A tenancy agreement is a 100% legal contractual issue. Sadly both you and your tenants are making it an emotional one and that's where it's going wrong

Thank you PlanB. I was referring to the cavity wall insulation issue only PlanB - saying that there is nothing in the tenancy Agreement about the lack/presence of insulation. There is something fuelling the T's emotions which I do not know. He has only once allowed me into the house in 18-months despite requests for me to check smoke/carbon monoxide detectors. Contractors have charged me call-out charges when they have been turned away by the tenants when work needed to be done in the house.

Thank you for the guidance as regards what to present to the Court. When I've itemised my documemts for submission to Court - perhaps I can run this by you please PlanB?

[PlanB]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

There is something fuelling the T's emotions which I do not know. He has only once allowed me into the house in 18-months despite requests for me to check smoke/carbon monoxide detectors. Contractors have charged me call-out charges when they have been turned away by the tenants

When was the last time you went inside the house? Could the Tenants be 'up to no good' which is why you're being denied entry? I doubt they're hiding a cannabis farm but it's not unknown. Maybe they've been sub-letting?

[CleverClogs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Or they could be running a brothel?

[Tools]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Tigs, following your post on your other thread, are they in any way related to each other?

[Inca]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

PlanB,,are tenants allowed to refuse tradesmen into a rented property eg :- Gas engineers to check installations?
I ask because I live in a HA house as does my neighbour,,I always abide by the appointments sent to me but she doesn't and has been threatened with S21 and court more than once
Also.....a AST of 6 months which ran out in 2006 ,,and the tenant is still in the house,paying full rent,no arrears,no problems,,would the HA be able to use S21 at any point to evict them just because HA/Council didn't change the agreement to permanent?

[PlanB]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Tigs, following your post on your other thread, are they in any way related to each other?

Do you mean Tigs' thread about the legal costs owed to him by his ex-wife? These tenants are the grandchildren of his next-door neighbour so I don't think there is a connection except that the two scenarios are bound to cause damage to the OP's cash flow

[PlanB]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

are tenants allowed to refuse tradesmen into a rented property eg :- Gas engineers to check installations?
I ask because I live in a HA house as does my neighbour,,I always abide by the appointments sent to me but she doesn't and has been threatened with S21 and court more than once

As I understand it the owner of a property can apply to the Magistrates Court for a warrant to access a property in order to carry out any statutory obligations such as the CP12 Gas Safety Check. They can't get a warrant for access for anything else.

Repossession under Section 21 is automatic (in legal theory) without the need for the Landlord to give a reason to the court. However when it comes to social housing (council property and HAs) there is a Supreme Court ruling which says the Tenant has the right to a home under Article 8 of the Human Rights Act I've not known it work in the private sector yet.

In this case the Tenant was allowed to remain in the property as a "tolerated trespasser"

http://www.bailii.org/uk/cases/UKSC/2011/8.(image1).pdf

[PlanB]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

a AST of 6 months which ran out in 2006 ,,and the tenant is still in the house,paying full rent,no arrears,no problems,,would the HA be able to use S21 at any point to evict them just because HA/Council didn't change the agreement to permanent?

Are you sure the tenancy is an Assured Shorthold Tenancy agreement and not an Assured Tenancy agreement? If it's an AST then under Section 21 the Landlord can give the Tenant two months' notice (if the rent is paid monthly but less notice if it's paid weekly) at any time after the initial fixed period has expired. They don't need to give the court a reason for seeking possession. However see my reference to a Supreme Court ruling in previous post

It would be wise to asked the HA for a new AST or better still a full Assured Tenancy agreement. There's probably no reason why it hasn't been renewed except sloppy admin. In fact if the rent has increased since 2006 I think it should have been renewed anyway. Here is some background information on security or rather lack of security when remaining as a statutory periodic tenant after the first 6 months expires:

http://england.shelter.org.uk/get_ad...hold_tenancies

[Inca]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Many Thanks PB,,,I'll stop hijacking the thread now xxxx

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

Thank you PlanB. I'm sorry for the delayed response as I have been in hospital.

I was last allowed into the house back in August 2013. One workman has been in the house since and in line with my earlier observations, the house is a tip, and the garden a right mess.

[Tigs]

Re: How do I end an expired Assured Shorthold Tenancy Agreement?....advise sought ple

The mind boggles - and it's stressful.