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Legacy tenant

Started by VBplanet, January 16, 2017, 02:17:07 PM

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VBplanet

We inherited a tenant when buying our renting property 1 year ago. Since then, the tenant has refused to sign a new tenancy agreement with us. They have been paying the old rent until a month ago, and now they have stopped paying rent and are actively avoiding any communication with us. 

What should we do? Do we have any right without a tenancy agreement under our names please?


Riptide

Did you issue them with the necessary notice (can't remember the number) which is required when the landlord changes?  There is no obligation for a new agreement to be signed by either party as the previous agreement is valid.

VBplanet

Hi, Riptide,

Thanks for the reply. We are going to issue the notice this week with reference to the . So you think that we have enough ground to proceed with notice and start the eviction procedure? We are sure that the tenant has only been there for a few years before we purchase the property.

Could you briefly tell us what the procedure involved in ending the tenancy with problematic tenant please. At what stage should we get a lawyor involve please?

Many Thanks.

heavykarma

You may not need to resort to lawyers at all.If you issue Notice 21 (available to download easily) you do not have to state reasons,so it gives the tenant less wriggle room to come up with an appeal.Section 8 can be used to buy time, if they are savvy.The usual advice is to send the notice by mail,with proof of postage from 2 different post offices.Don't request signature,they may decline to accept.Hopefully it may not have to go onto eviction,which would involve some court procedures,but again something you could do yourself. There are also companies who specialise in doing the whole eviction process,but it will not be cheap.Could be worth it if you fear a load of hassle from them.

What is the status of their original deposit ? Did the previous owner register the change of landlord,assuming he protected it?  Good Luck!!

shereen

The tenants need to be served with a notice to explain that you are their landlord, Section 48 Notice. Once this has been done you can evict.