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Original poster

I want to evict a tenant who has been there for 40 years

267 replies

RattysPicnic · 04/10/2014 20:42

I would like a tenant who has lived in a cottage inherited by DH to leave. She has lived there for 40 years. She raised her family there, spent her marriage with her late DH, now looks after her DGC there. She pays very, very little rent and this has always been OK as she and her DH looked after the place. However, in the last 10yrs things have deteriorated, the house is now beginning to become quite a concern and the rent is approximately 1/4 to 1/5 of the market rent. The cost of repairs would run to ££££s - she couldn't afford it and I wouldn't expect her to pay it anyway. But we can't afford to do it either (as the rent would not cover it and we have no additional capital) and each week that goes by the place deteriorates further.

All and every suggestion welcome. I am braced for a flaming about putting an old lady out of her family home. I am also hoping for possible solutions! Thanks

OP posts:
forago · 04/10/2014 20:44

difficult situation. could you offer to help find her a one bedroom flat in sheltered accommodation before she goes? does she have family you could get involved?

AWombWithoutAFoof · 04/10/2014 20:45

If the house is in poor condition but you don't have the money to do it up, how will you rent it to anyone else?

figgypuddings · 04/10/2014 20:46

Why have you left the property to deteriorate for so long? Would you consider selling her home to her or her family?

Are there grants available for eg insulation, windows?

concernedaboutheboy · 04/10/2014 20:46

Well she will in all likelihood have some form of secure tenancy so evicting her is not going to be easy.

What repairing has your husband's family been doing over the years? Or do you mean she has damaged the property beyond normal wear and tear?

Original poster
RattysPicnic · 04/10/2014 20:47

We'll have to sell it. We don't have the money to refurbish it. It has potential/outbuildings etc and someone will buy it as a fixer-upper and make some cash on it.

The family situation is so delicate. DH knows them all and suspects that they will not want her to leave as they know she'll not find anywhere so cheap.

OP posts:
wowfudge · 04/10/2014 20:47

I assume the OP wants to sell it to someone who can do the work or demolish and sell the land?

Original poster
RattysPicnic · 04/10/2014 20:48

The property has deteriorated because it was her responsibility to do it up (part of the tenancy). She is now old, cares less, and bigger ticket issues have come up. Why would she spend 5K on a new boiler or whatever, when the home isn't hers. It's not ideal, it is an old tenancy and we didn't set it up.

OP posts:
LEMmingaround · 04/10/2014 20:50

40 years she has been paying to live in a house that your dh has been lucky enough to inherit. Don't be so fucking greedy Angry she'll be dead soon no doubt and you can cash in then

Pancakeflipper · 04/10/2014 20:51

You really need to take legal advice on this (as will she) as there's lots to take into account and various possible solutions. More expense ....

heartisaspade · 04/10/2014 20:51

This reply has been deleted

Message withdrawn at poster's request.

concernedaboutheboy · 04/10/2014 20:51

She will potentially have a regulated tenancy. You woukd have to obtain a court order for eviction on one of the discretionary grounds. The judge may decide it's not reasonable to evict her. You need legal advice.

ElephantsNeverForgive · 04/10/2014 20:54

You wait until she dies, at least that's what my DGreat aunts landlord did (thank goodness, she was my favourite great aunt and she'd lived there from being a child. Quite possibly he whole 91 years. Her fiancé was killed in WW1, she was a spinster school teacher and my great grandmothers carer. Her two brothers brought up their families in within walking distance. She saw them both safely buried before she died. She was big sister and that was her duty)

She was offered the house to buy, but the surveyor said no way if you do the mortgage company will insist you fix the crack in the gable end (three storey stone house, lots of £££££)

It was covered in scaffolding, within six weeks of her funeral.

DancingDinosaur · 04/10/2014 20:55

I can see it would be a worry if the house is deteriorating that much. If you can't afford to do it up, and there are issues with the boiler etc then this can quickly become a safety issue. For which you (I assume) will be responsible for as the landlord, should something go wrong. You may not have a choice but to sell it, unless the family can step in and pay towards things, if that was the original deal. Which hopefully in writing?

AWombWithoutAFoof · 04/10/2014 20:55

Ah, I see now. If you don't need to rent it out and it's not your responsibility to maintain it I think I'd leave it for a bit. How old is she? The property market is climbing here, so hanging on to it for a while would be a good thing eventually.

micah · 04/10/2014 20:55

Could you maybe putting her rent up slightly- £100- £200 a month or something. So still not market rent, but enough that you can start saving to get things done.

Explain to your old lady that soon the house is going to become unpleasant to live in- cold if the boiler breaks, likely damp, grubby etc. You can't afford to do it up, so her options are to find somewhere else or meet up half way on the rent increase.

EvilRingahBitch · 04/10/2014 20:57

But LEM, this lady is apparently living in increasingly hazardous and possibly illegal conditions which the OP says she genuinely can't afford to fix. It's not as simple as just letting her stay.

ElephantsNeverForgive · 04/10/2014 20:57

And OP I know that isn't an easy solution. My DM and her brother inherited a couple of very run down properties and there was no money to show when they managed to sell them. My DM was always petrified they would actually cost her money, before they could get rid of them.

IamHelenaJustina · 04/10/2014 20:58

You can't afford to repair the house. She can't pay rent and repair it. Here's a suggestion for you - this woman has the moral right to HER home.

Give it to her. Then you don't need to worry about the state of the place and she retains her home in return for her years of rent and repairs.

You won't do that will you?

5madthings · 04/10/2014 20:58

When was the original contract written, is it in paper? Has it been updated?

Tbh regardless of the contract you as landlords have responsibility to keep the property maintained, esp boiler etc!

Why has rent not been put up, even a small amount?

ChippingInLatteLover · 04/10/2014 20:59

How old is she?

What work needs to be done?

concernedaboutheboy · 04/10/2014 21:02

The rent will not have been put up because it will be in all likelihood a regulated tenancy. This matters and will have implications for the OP's options.

flipflopsandcottonsocks · 04/10/2014 21:02

Give it to her?! Really?!

Badvoc123 · 04/10/2014 21:02

You need legal advice.
And some compassion.

specialsubject · 04/10/2014 21:03

this is where you start:

www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf

you can't put the rent up and you may have problems evicting. She has breached her tenancy which is really the only possible ground you have.

you can't sell it with her there; no-one in their right mind will take on a property with a regulated tenant. The market rent is determined by property condition unless you are in London where everyone is apparently insane so she may be paying an appropriate level for its condition.

her family should help her meet the terms of the tenancy which she has breached; but as it has been left so long I agree that it would not make sense for them to contribute the amount needed, unless they had some interest in the profits from the sale. As you can't afford to sort it out, then the shrieking landlord-haters can either contribute or belt up.

non-ideal all round; but I also think that the best solution is for her to leave.

the landlord-haters may also like to read that document, and work out why this kind of tenancy is long gone as it doesn't work for either side.

roneik · 04/10/2014 21:03

Have some humanity and empathy let her live there