Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Landlord Advice & Help
| | |-+  Tenant moved out to shield and moved teenage grandson in, 16 months on

Tenant moved out to shield and moved teenage grandson in, 16 months on

Pages: [1]
Print
Author Topic: Tenant moved out to shield and moved teenage grandson in, 16 months on  (Read 143 times)
Newbie
Posts: 6

I like property

« on: June 24, 2021, 09:31:08 AM »

I have a AST tenant (a lady in her 60s) - she was a perfect tenant until she moved out in March 20 and moved her grandson in without advising me. I took advice from my solicitor in July 20  when I found out, and his advice at the time (after a few letters between solicitors) was to keep in touch with her and try to persuade her to move back in as she maintained that this was her intention. It is now over 16 months and from her emails her health is no better (worse if anything), and there is no talk of her moving back in. I am keen to get the grandson out - as I think he is now  a squatter. The grandmother continues to pay the rent so no arrears, although I suspect that she is claiming Housing Benefit.
I am in Wales so welsh law applies.
Any suggestions/advice would be very welcome.
thanks, Julie
Global Moderator
Hero Member
Posts: 4120

I like lots of things

« Reply #1 on: June 24, 2021, 09:54:08 AM »

If you want the current occupier out and the original Tenant will not return... aren't you simply talking about ending the tenancy via normal means?

All the ins-and-outs and surrounding information about health, timeframe, squatting, benefits... it's just a distraction, isn't it? Section 21 - "In Wales, the notice period must be at least 6 months if you gave your tenant notice on or after 24 July 2020."
« Last Edit: June 24, 2021, 09:58:03 AM by Hippogriff »
Newbie
Posts: 6

I like property

« Reply #2 on: June 24, 2021, 12:02:02 PM »

I donít think itís that straightforward unfortunately, the advice from my solicitor was that the possession proceedings would be against the grandson and then granny would join the proceedings as an interested party, and she could argue that she still intends on returning, although that was in July 20 and there is still no sign of return, just regular updates of continuing poor health when I email her.
Global Moderator
Hero Member
Posts: 4120

I like lots of things

« Reply #3 on: June 24, 2021, 12:33:21 PM »

Let's deal in facts...

You only have one Tenant.

You haven't accepted rent from any other party.

Write your Section 21, addressed to the Tenant, at the property address... not any other address.

You can't be expected to follow the ever-changing residential situation that is clearly outside of your control. The person residing there could be someone completely unknown to you and someone who is unwilling to talk to you... how would you proceed then?
Global Moderator
Hero Member
Posts: 4120

I like lots of things

« Reply #4 on: June 24, 2021, 12:36:18 PM »

That said... if you have already taken advice from your Solicitor why would you even be trying to override it here..? That doesn't make sense to me. I think all I would add is these times of Covid have meant plenty of us have done things we needed to be pragmatic... at least your 'Tenant' is paying rent. Even if you served a Section 21... on anyone... then it would be months and months before you got anywhere. I obviously ask the question... what is your pressing need to act?
Newbie
Posts: 6

I like property

« Reply #5 on: June 24, 2021, 01:01:04 PM »

The need to act is that I no longer believe that the tenant intends on returning, her health seems to be deteriorating and the last update email didnít even mention returning, I never normally rent to teenagers, and I am aware that he regularly has friends there late at night (btw that is against COVID rules here). I have just emailed my solicitor for his advice as well.
I just want to know the best way to rectify the situation, and a second opinion is helpful  - thank you 😊
Global Moderator
Hero Member
Posts: 1251

I like property

« Reply #6 on: June 24, 2021, 01:09:49 PM »

I think I would arrange to do an inspection,giving notice to the actual tenant.It is up to her if she wants to attend.You can check for yourself the state of the place,and gain some impression of the grandson.If he seems reasonable (and having some friends round late at night does not sound like much to complain about to me) you could just take it as it comes.You would have a long wait anyway,and you are getting the rent paid. You need to remind yourself that a solicitor has lot to gain by giving worst case scenario and getting you to pay for litigation.You don't even know if this is necessary unless you serve notice in the normal way. 
Global Moderator
Hero Member
Posts: 4120

I like lots of things

« Reply #7 on: June 24, 2021, 02:07:12 PM »

The need to act is that I no longer believe that the tenant intends on returning, her health seems to be deteriorating and the last update email didnít even mention returning...

What I perceive as lacking here is a frank, open and forceful conversation, with the Tenant.

You no longer believing, or an update not mentioning something, doesn't carry enough weight to make decisions on. Why can you not force the issue (respectfully and politely, but without providing an ability to dodge) and request that a formalised response be forthcoming about intentions? If you get it in writing that the Tenant intends to return... must you still act?

Or do you just want to act anyway (which is a valid response, it's your property)? It sounds, at least to me, that taking action will be costly and time-consuming. At the moment you have rent incoming and - seemingly - no major problems (the way you describe it comes across as more 'unease'). There has to be balance.
Global Moderator
Hero Member
Posts: 1251

I like property

« Reply #8 on: June 24, 2021, 02:34:18 PM »

I can understand that you  are being tactful,if you think this lady is seriously ill.That said,unless she refused to deal with you,I would not have gone straight to a solicitor without having a proper conversation with her.As I understand it,shielding for the most vulnerable ended last summer,so there is no reason why you could not expect her to be straight with you.You may be concerned about accusations of harassment,but a polite request to get information is not going to land you in any trouble. Serving 21 would help her to focus on decisions.I would either do that,or just wait and do nothing until forced to do so by changed circumstances. I don't let to teenagers,but the worst tenants I have known were much older.   
Newbie
Posts: 6

I like property

« Reply #9 on: June 24, 2021, 04:31:45 PM »

Thank you for the responses. The lady has been diagnosed as epileptic (Mal type) and from my research and her communications is unlikely to resume living alone. If I serve a Section 21 on the tenant, at the flat address, then how does this work with her not living there? Will I be able to get him out? I can do an inspection tomorrow as the annual fire alarm etc service is being carried out and I have given her notice for access already.
Sorry for all the questions but I havenít had to take this kind of action before and know how important it is to follow correct procedures.
Thanks.
Global Moderator
Hero Member
Posts: 1251

I like property

« Reply #10 on: June 24, 2021, 05:18:15 PM »

That is the address that you should use.Presumably she gets mail passed on. What you need to decide is,if she is happy to continue paying for her grandson to live there,and he is not trashing the place or growing weed in the loft,are you prepared to allow the arrangement  to continue?
It is perfectly reasonable  to ask the tenant and the grandson how long they would prefer this to go on for.Just be open with them,and invite the same in return. If this is petit mal,she is not at death's door,so you don't need to be too nervous about pressing her for answers.It should help that you say she has  always been a good tenant..
Newbie
Posts: 6

I like property

« Reply #11 on: June 24, 2021, 05:54:04 PM »

She told me itís Grand Mal unfortunatelyÖ. And although sheís still paying, I know she was in receipt of housing benefit before and itís possible that she hasnít told the council hence the rent continuing, I know thatís her issue, it just adds an extra dimension!
Thanks for your responses.
Pages: [1]
Print