Recently, James Freeman, of BSG Solicitor’s Landlord and Tenant department, was instructed by a landlord to attempt to obtain a Possession Order relating to a tenant that had been in possession of the landlord’s property for nearly 30 years.
There was no written tenancy agreement, the tenancy was an Assured Tenancy (which offers tenants greater protection than an Assured Shorthold Tenancy would) and no arrears of rent were owed at the date of the Trial. The tenant claimed that the actions of the landlord in seeking vacant possession of the property were ‘discriminatory’.
James dealt with the matter from start to finish, including drafting a Notice to Inspect the Property, Section 8 of the Housing Act 1988 Notice, Claim Form, Particulars of Claim, Reply to Defence, Witness Statement of the landlord, Case Summary and Trial Bundle.
James attended the original Possession Hearing as well as the Trial itself and did not incur the costs related to instructing a barrister at any stage. As a result, he kept costs to a minimum for the landlord’s benefit.
Despite the inherent difficulties of the case, James was able to obtain an Order for Possession suspended on terms that are very favourable to the landlord, on the basis of the tenant’s ‘persistent delay’ in failing to pay rent for a 5 month period over the course of the last 28 years, pursuant to Schedule 2, Ground 11 of the Housing Act 1988. The Court did not find that the landlord had discriminated against the tenant in any way.
Although this case shows that written tenancy agreements are very important (and it is advised that such a document is in place), if you have a tenant that has been living in your property for many years but you cannot locate a written agreement, our Landlord and Tenant department is here to help you.
For further advice call 01772 253841.