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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My tenants have been under notice to quit for over a year but

Resolved Question:

My tenants have been under notice to quit for over a year but have not left. The flat is old and starting to fall into disrepair so I want to renovate it extensively, which will also give a greater return in rent. I have been advised that the shower needs replacing and that I must replace it as it was there when they rented the property - but given that I've asked them to leave several times and will be replacing the bathroom I'm reluctant to agree as i see it as a waste of money - do I have to replace the shower?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Did assured short hold tenancy? If someone have you served them with a correctly drafted s21 notice?

Tom
Customer: replied 1 year ago.

Hi Tom


 


I'm not sure of the language because I have an estate agent managing the property but they have a tenancy that is ongoing on a monthly basis after they had an initial period of a year (I think). The tenants were served with a S21 first in March 2012 and they have been served with several since, when the previous one expires.


 


I hope that answers your question.


 


Karen

Expert:  Thomas replied 1 year ago.
Hi Karen,

Thanks. Why hasn't your agent advice you to apply for an order for possession at court?

Kind regards

Tom
Customer: replied 1 year ago.

Hi Tom


 


I thought about it - but I was under the understanding that potentially it could cost me hundreds of pounds.


 


The tenants have got advice that I need to give them a court order and it's what they want because they think it will help them in their case to get a council house (which is why they have not moved to other accommodation since I issued them with the S21).


 


Karen

Expert:  Thomas replied 1 year ago.
Hi Karen,

Thanks for your reply.

I I'm afraid that if you are not prepared to apply to court to get an order for possession then you will not be able to evict a tenant. A court order is required in all cases to evict tenants and a tenancy agreements.

It is not particularly expensive and you can do it yourself here:
https://www.possessionclaim.gov.uk/pcol/

You can also apply for a money judgement against your cost so that you can get your expenses back.

The tenants have a right to work in utilities and so you would have to repair the shower. However if they are no longer tenants then obviously you do not have to repair the shower. So, if you apply for an order for possession and do not fix the shower until they leave then take a potentially argue for a small reduction in rent is a results but I would think this is a small price to pay for gaining the ability to renovate the bathroom as a whole.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question

Kind regards

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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