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Repossession and vacant/absent property

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Author Topic: Repossession and vacant/absent property  (Read 34 times)
Newbie
Posts: 10

I like property

« on: July 28, 2020, 12:01:19 PM »

Hi all,

I apologise that I have grabbed the following from a previous topic I started, but I felt that the previous one covered a different subject and I wanted to start a fresh plea for assistance on the following situation I find myself in:

I am in the  process of issuing a sec 21 (which is agreeable to my tenant given their need to be re-housed by the local authority), the intention is to sell the property.

There has been a history of noise issues and poor relations between the tenant and the flat directly above to the extent that the tenant feels they feel unsafe and threatened in the property and as such have basically moved out, and state they will not move back in because relations with the upstairs neighbour have soured so much.

This leaves me with a vacant property, until I can evict the tenant and repossess. Going by the current COVID/Sec 21 guidance a court order is not going to be possible until November at the earliest. As far as I am aware the rent will continue to be paid by the local authority until she either voluntarily leaves or is evicted. She will not leave voluntarily because she will then not be re-housed by the local authority.

As a separate issue, and you might argue exacerbated slightly by the absence of the tenant over the last couple of weeks, blocked external drain pipes (not the fault or responsibility of my tenant) have resulted in a water damaged kitchen that we now need to fix. It might be argued now that the flat is in some way uninhabitable - or at least needs remedial work even if she did choose to return anyway.

In addition the flat is due it's annual gas check - but the electricity is on a meter that the tenant tops up - but of course she is not there. The absence of electricity will make the boiler inspection impossible.

The tenant has been agreeable to me and tradesmen entering the property to address the water issue. I have a point of contact for the landlord upstairs, who is aware of the noise issues and the soured relations - but seems to be unable to remedy this.

What are my rights here? I want to be able to help the tenant but I feel my hands are tied. My concerns are that I have a vacant property with problem neighbours preventing (supposedly) the return of my tenant. Can the tenant vacate for extended periods in this way based on her concerns and what are my options here (bearing in mind that I want possession of the property to sell asap)?

Thanks in advance
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