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Hi, Thanks in advance for any help offered.
I own a flat which I rented to a neighbour for a 6 month period nearly 5 years ago. The reason I rented it out, was because works needed to be carried out on her flat (above mine); water damage, which was damaging my property. Work was supposed to be for a maximum of 6 months. A fairly large job, but not that big. So far, so simple. However, the tenant is physically disabled and has other serious medical conditions. I do not want to be unsympathetic, as these are real physical problems. However, this is one reason for the long delay in getting my property back (no work is allowed on her property, without her say so). The other reason for the long delay is that I believe she has serious mental condition (personality disorders), which mean no works are good enough, and any job needs to be redone. Again, I do not want to be unsympathetic and I do not know if she has been officially diagnosed. However, I do now really want my home back.
The main reasons I would - more than ever - like to move back, is I have been forced to live in rented accommodation in the meantime. Not ideal. I have a new job far from my rented accommodation, but nearer the flat and have to move again anyway. There is work needed on the property. I also owe a family member a lot of money, which is tied up in the equity and would like to settle that and buy something a little cheaper.
The tenancy agreement is actually a room only short assured tenancy agreement (6 months), with the tenant; this was done for convenience sake. The rent (and all the work on her property) is being paid for by the insurance company. The insurance company did, for a time, try to get this work completed and even resorted to not paying the rent, in the hope I would evict her; however, the tenant has managed to get this stopped, at every turn. I believe she uses her medical condition to do this, convincing doctors to write to them, saying that due to her condition, she is too ill to move. The insurance company has now given up and backs down whenever she pulls this card out. Nobody will tell me how long this will go on for. The insurers often are late and I have to write a few emails each month to get payment, but they do pay.
However, I want my home back. I know, if I ask, she will be too ill to move and it took almost 5 years to get her to start the works. I had an inkling she was like this and only agreed to let the property as it was the only way to get her to move out. No other property in the City (a big city) was good enough. I doubt that has changes and doubt she will be willing to move anywhere else. Work on her property has still not finished. I would like to do this nicely and remain on good terms - she is still going to be my neighbour when this is over. From what I have seen - any attempts to get her to allow works to proceed, have actually slowed down the works, as rather than focussing on the job, the tenant focuses on battling with the insurance company and works finish. Often, she goes into hospital when this happens and stays for months!
I am at a loss to know what to do.
I don't want to, but can I insist works are completed and she leaves?
What sort of notice does this entail?
Can the tenant stop this by citing health and disability problems?
If I am unable to get her out, what help/hindrance can I expect from the insurers - what, legally, is their role?
Should I go through the insurers (they are paying) or the tenant (agreement is in her name)?
If I am unable to get her out, what recourse do I have if house prices do fall and this looses me a lot of money?
What steps should I take now?
Have you got any other ideas?
Many thanks again
I own a flat which I rented to a neighbour for a 6 month period nearly 5 years ago. The reason I rented it out, was because works needed to be carried out on her flat (above mine); water damage, which was damaging my property. Work was supposed to be for a maximum of 6 months. A fairly large job, but not that big. So far, so simple. However, the tenant is physically disabled and has other serious medical conditions. I do not want to be unsympathetic, as these are real physical problems. However, this is one reason for the long delay in getting my property back (no work is allowed on her property, without her say so). The other reason for the long delay is that I believe she has serious mental condition (personality disorders), which mean no works are good enough, and any job needs to be redone. Again, I do not want to be unsympathetic and I do not know if she has been officially diagnosed. However, I do now really want my home back.
The main reasons I would - more than ever - like to move back, is I have been forced to live in rented accommodation in the meantime. Not ideal. I have a new job far from my rented accommodation, but nearer the flat and have to move again anyway. There is work needed on the property. I also owe a family member a lot of money, which is tied up in the equity and would like to settle that and buy something a little cheaper.
The tenancy agreement is actually a room only short assured tenancy agreement (6 months), with the tenant; this was done for convenience sake. The rent (and all the work on her property) is being paid for by the insurance company. The insurance company did, for a time, try to get this work completed and even resorted to not paying the rent, in the hope I would evict her; however, the tenant has managed to get this stopped, at every turn. I believe she uses her medical condition to do this, convincing doctors to write to them, saying that due to her condition, she is too ill to move. The insurance company has now given up and backs down whenever she pulls this card out. Nobody will tell me how long this will go on for. The insurers often are late and I have to write a few emails each month to get payment, but they do pay.
However, I want my home back. I know, if I ask, she will be too ill to move and it took almost 5 years to get her to start the works. I had an inkling she was like this and only agreed to let the property as it was the only way to get her to move out. No other property in the City (a big city) was good enough. I doubt that has changes and doubt she will be willing to move anywhere else. Work on her property has still not finished. I would like to do this nicely and remain on good terms - she is still going to be my neighbour when this is over. From what I have seen - any attempts to get her to allow works to proceed, have actually slowed down the works, as rather than focussing on the job, the tenant focuses on battling with the insurance company and works finish. Often, she goes into hospital when this happens and stays for months!
I am at a loss to know what to do.
I don't want to, but can I insist works are completed and she leaves?
What sort of notice does this entail?
Can the tenant stop this by citing health and disability problems?
If I am unable to get her out, what help/hindrance can I expect from the insurers - what, legally, is their role?
Should I go through the insurers (they are paying) or the tenant (agreement is in her name)?
If I am unable to get her out, what recourse do I have if house prices do fall and this looses me a lot of money?
What steps should I take now?
Have you got any other ideas?
Many thanks again
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