Section 21 issue with a tenant in situ?

Really stressed, government must take strict action to protect landlords and make easy the eviction process

The judiciary, like many of our institutions and politics has been infiltrated by left wing thinking. " Tenants Good - Landlords Bad" is the mantra.

Maybe it isn't an AST. How do you know without the tenancy agreement and details of history, that it is? Could be an assured tenancy or even a regulated tenancy under Rent Act 1977. As claimant in a possession action the onus is on you to prove, on balance of probabilities, that you are entitled to that. I suggest you get some proper legal advice

Reply to the comment left by Fed Up Landlord at 11/01/2024 - 09:41The job of the judiciary' is to apply the law fairly and impartially, not to plug gaps in the DIY claims of landlords who don't understand the law or the procedure.

Question, has anyone any advice if you put a semi-commercial property up for sale with tenants in situ either via normal marketing procedures or at auction what happens if the buyer wants to evict the tenants in order to carryout extensive re-furbishments meaning they couldn't remain living in the building. ie if section 21 has been abolished. Would the tenants have any grounds to resist in view of current proposals regarding the tenant reform bill. All have AST agreements and up to date paperwork.

Reply to the comment left by DP at 13/01/2024 - 08:22
It's the buyers problem, not yours. I imagine s21 is likely to be phased out, not abolished at a stroke for all existing ASTs.

Reply to the comment left by Julesgflawyer at 13/01/2024 - 08:08
Could’ve been a verbal agreement between Tennent and the previous landlord

How should the court rule in this case?

If the judges are following a code or guidance, guidance is wrong. However, based on the story above, there is something fundamentally wrong with the court process.

Reply to the comment left by DP at 13/01/2024 - 08:22
There are other grounds I suggest you look at the act it’s not that long

A solicitor would want to play straight and cost you money and time, you need to deal with the tenant. You should try and get a copy of the agreement/s from the housing benefit office, you might get lucky and speak to a helpful worker. You can sort out the gas certificates by speaking to a friendly gas engineer, or finding someone who's good on a computer, you can't do the same with tenancy agreements because the tenant would know. You bought the property in good faith thinking you would be able to evict the tenant. One always needs to make sure the paperwork is right before buying a let property, it clearly affects the value sadly. You say the tenant needs a bailiff order to get housing, you can both work on getting that sorted, it's a no brainer, you have to collude with the tenant and sort the backdated paperwork, then make a new application and explain to tenant that if any paperwork is received from the court to ignore it until the possession order is issued, and later the bailiff order. You'll become friends.

Reply to the comment left by TheBiggerPicture at 10/01/2024 - 11:22
Any older tenancy terms would have been overridden by subsequent tenancy agreements.