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Re: section 21 or a section 8 notice ?

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steve robinson

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May 25, 2012, 2:55:02 PM5/25/12
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zem...@yahoo.com wrote:

> X-No-Archive: Yes
>
> lets say a property has had periodic tenants for decades ,then they
> die and a family member takes over as a periodic assured tenant
> although this hasnt been legalised yet , a state of limbo between the
> tenancies exists .it hasnt been determined in court yet that they
> died,so the periodic is still in force ?the family member is still
> paying the usual rent.
> the landlord is not happy and wants the family member out .
> what options does he have to remove the family member in view they
> have lived there for decades.
> would he have to determine the late tenants decease first in court
> before sending a section 21 or 8 notice?
> what grounds could he use ,mandatory or otherwise to removed the
> family member who has every right to be there ?

Has the family member resided at the address, do you have documentation
that clearly states who the tenants were/ are.



zem...@yahoo.com

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May 26, 2012, 10:00:05 AM5/26/12
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no tenenacy agreement is in force or known, property bought and sold
numerous times with sitting tenants .
ladlord never checked who was actually in the property ,rent
controlled rent payable.
no rent books issued by currant owner

John Briggs

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May 26, 2012, 2:40:02 PM5/26/12
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The chances of eviction look minimal. Even if the situation was ever
sorted out to everyone's stisfaction, it would just confirm the present
tenant's tenure.
--
John Briggs

steve robinson

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May 26, 2012, 5:00:03 PM5/26/12
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Very difficult to evict if you cant produce any agreements

Francis Davey

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May 26, 2012, 5:40:02 PM5/26/12
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If the rent is registered then its likely (though not absolutely certain rent officers don't always get things right) then its likely to be (or at least to have been) a tenancy under the Rent Act 1977 (in which case s8 and s21. A lot depends on what happened when and, I appreciate, you don't know all the facts. It may be that there's no valid succession or it may be not. The likelihood is you would need some ground for eviction.

This sort of thing does happen.

I would advise going and having a talk to a specialist landlord and tenant solicitor.

Francis
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