Properties on rudely named streets according to a new survey are worth on average £84,000 less than other streets in the same neighborhood. 60% said they would be put off buying a home with an unfortunate street name, this should be of serious consideration when purchasing any investment property. From Crotch Crescent to Minge Lane,... Read more
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I own the freehold to a residential property. The tenant occupies the property under the terms of a lease dated 27th May 1895. He has made structural alterations without landlords’ consent. I have checked my copy of the lease between us, and there no mention at all about seeking landlords’ consent for structural alterations. Before taking... Read more
I’m preparing some spreadsheets to identify which local properties might offer good returns on investment but I’m getting conflicting advice on how to calculate that return. I’ve been told that 8% is the minimum ROI, 10% is good, 12%+ great. However the calculations i’m getting from existing BTL investors, books and the interweb are conflicting.... Read more
I am exploring ways to share the wealth and minimise CGT and IHT I hold a profitable portfolio of some 18 investment properties… More than half were purchased in 1997. Most have appreciated in capital value. The rental stream gives a net profit in excess of £75,000 pa About two years ago I purchased a... Read more
I am in the process of purchasing a property, it is currently tenanted but the property is being sold with vacant possession. Given the age of the property (~ 110 years old) I have had a full building survey completed. Based on this I am looking to undertake the following works: Improve damp protection &... Read more
You want your tenant to leave but you don’t have a written tenancy agreement. Will you be stuck with them forever?
Lets take a look at the optionsAre you SURE you don’t have a tenancy agreement?
Sometimes people think they don’t have a tenancy agreement when actually they do. I am thinking here of when a tenancy ‘runs on’ as a periodic tenancy after the end of the fixed term.
In this situation the law provides that the tenant has a new tenancy, a new periodic tenancy, but that the terms of the preceding tenancy agreement will still apply.
So in this situation you WILL have a tenancy agreement.
However you may really not have a tenancy agreement – maybe you never had one in the first place and the tenant just went in on a handshake and a promise to pay rent. Or maybe you have lost it.
What are your options for evicting then?Section 21 eviction claims
The most important question is – can you still use the section 21 procedure?
The answer (you will be pleased to hear, unless of course you are a tenant) is yes you can. However you can’t use the special (so called) ‘accelerated procedure’.
This is because the accelerated procedure is paper based. The Judge makes the decision (in most cases) without a hearing based on the paperwork you provide.
So if you don’t have a written tenancy agreement you can’t use that procedure for evicting your tenant. You will need to use the standard procedure where you have a hearing. You will then have to explain to the Judge why there is no tenancy agreement in this case.
However you can use the standard procedure for s21 claims and my DIY Eviction Kit explains how.Other types of proceedings for evicting teannts
As the accelerated procedure is the only type of possession procedure where you have GOT to have a written tenancy agreement, then it follows that for other types of claim, yes you can bring them without a written agreement.
The main problem with evicting without having a written tenancy agreement, is proving the facts of your case.
So if (for example) your tenant is claiming that they first went in before 27 February 1997 (at which time you would need to have served a s20 notice on your tenant to create an AST) and you are claiming that they first went in after that date – it is going to be more difficult without the paperwork to prove it.
That doesn’t mean to say that you can’t prove it – it will just be more difficult.
It will also be difficult to bring a claim based on breach of the terms of the tenancy. As you won’t have a written document setting out what those terms are.
However if your claim is based on rent arrears (as the majority of eviction cases are) you should, in most cases, be all right.Conclusion
In short, the only real problem will be that you can’t use the accelerated procedure for section 21 claims.
So far as any other type of claim is concerned, not having a tenancy agreement will just make things more difficult for you. Depending on they type of claim you are bringing.
** Stop Press : Get my free report on how to evict your tenant for £271 or less: click here**
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Dear Readers, If a tenant signs a tenancy surrender form (Deed of Surrender), but subsequently changes their mind and refuses to move out or return the keys, is the landlord legally allowed to change the locks and deny the tenant access? Would this then be in breach of the Protection from Eviction Act? Putting it... Read more
FCC Paragon has become the latest company to sign up to exhibit at the Property118.com Virtual Property Show. Securing the commitment of a well-established company such as FCC Paragon is an exciting development and just works to highlight why the Property118.com Virtual Property Show is the future for property trade shows. FCC Paragon was established... Read more
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