SMF - Just Installed!

Annexe

Started by Jamie594, April 29, 2024, 06:38:24 PM

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Jamie594

I have a log cabin in my premises that has separate council tax but It I've always had a  residents landlords agreement as I have access to remove rubbish , give towels etc and check smoke alarms . What do I do if I want to evict , can I just get a possession
order or can s it classed as a short good agreement and serve a section 21 . I don't think it's valid as there's no EPC . I wanted to increase rent as it's way below market and there's resistance . Thank you

HandyMan

#1
Assuming your cabin has some form of bathroom / kitchen facilities and the person is not sharing your living space, then you have a tenant and an Assured Shorthold Tenancy, regardless of your 'residents landlords agreement'.

See this thread, which has some similarity to your situation: https://www.landlordforumproject.co.uk/landlord-advice-help/evicting-tenant-as-planning-to-sell-property/msg37772

Jamie594

Thank you so how do I evict them . They never signed am AST and don't have EPC etc

HandyMan

Quote from: Jamie594 on April 30, 2024, 04:19:49 AMThey never signed am AST and don't have EPC etc

Firstly, you'll need to accept that this is a problem entirely of your making. By saying "They never signed an AST and [they] don't have EPC etc", you appear to be sidestepping this and consider the tenant to be partly responsible.

Did you take a deposit from them? If so, did you protect it in one of the approved schemes and give the tenant the Prescribed Information?


Quote from: Jamie594 on April 30, 2024, 04:19:49 AMThank you so how do I evict them

The usual advice here is to either to be helpful to the the tenant and offer them a substantial amount of money as compensation for them agreeing to move elsewhere or to engage a specialist eviction services company to assess the situation and do the legal work necessary to get them to leave.

Jamie594

Offer them substantial money to move ?? !! I've got specialist advice I can evict then with section 8 no idea where you get your information from !

jpkeates

Excellent. You were advised to do one of two things, and selected one of them. Odd to criticise the advice you chose to follow, but there you go.

My advice would be to either post nothing in response to this or make some other inappropriate dumb response that makes you look even more foolish.

heavykarma

Yes, don' t come back whining when it goes wrong. People on here have a wide range of experience which they share for free. 

HandyMan

Quote from: Jamie594 on May 02, 2024, 08:20:33 PMOffer them substantial money to move ?? !! I've got specialist advice I can evict then with section 8 no idea where you get your information from !

@Jamie594 Please read what I actually wrote.


And best of luck to you with your "lodger who's become hostile and aggressive in tone"
https://www.landlordforumproject.co.uk/landlord-advice-help/lodger-aggressive/msg38057

I think we can maybe see why that situation has gone the way it has.

DPT

I would suggest you consult a specialist housing lawyer. I would tend to agree with Handyman that if the property is detached from your home, its unlikely that you would have resident landlord status, but an experience solicitor might be able to find some useful case law to make the argument.