Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

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:
trixymalixy · 04/10/2014 21:04

You say YOU would like her to leave. What does your DH say?

Nusalembongan · 04/10/2014 21:06

Helena you would seriously just give someone a house?? Most people aren't in a position to just give away houses Hmm

Sabrinnnnnnnna · 04/10/2014 21:07

Oh Elephants, your Great Aunt's story has just brought tears to my eyes. "safely buried" Sad

OP - you need to tread very carefully here. I'm not sure you'd be morally or even legally able to evict her.

coffeeinbed · 04/10/2014 21:07

Well, OP would have to give the tenant the house and the money to fix it.
That might be a bit tough...

coffeeinbed · 04/10/2014 21:08

It's a lose-lose situation all around.

Quivering · 04/10/2014 21:09

This reply has been deleted

Message withdrawn at poster's request.

Sabrinnnnnnnna · 04/10/2014 21:09

If Op ups the rent, can the tenant get it in the form of benefits?

specialsubject · 04/10/2014 21:10

exactly coffee. As I said, this type of tenancy doesn't work.

still waiting for the landlord-haters to open that justgiving page, let's see money where mouths are eh?

MairzyDoats · 04/10/2014 21:12

Can you perhaps approach the bank, request a loan (maybe through releasing some of the equity in the house) thereby allowing you to make repairs to the house, thereby protecting your asset until the lady dies or leaves? How old is she? Sorry, that sounds callous, but how long do you think she might be there for?

GColdtimer · 04/10/2014 21:12

Might be a stupid question but why can't you take a small mortgage out on the property to do the repairs - £10-20k? The rent should cover the repayments on a very small mortgage?

flipflopsandcottonsocks · 04/10/2014 21:13

Why assume the OP is lacking compassion? She hasn't given any indication of her own financial situation, most people wouldn't be able to afford to either give away houses or let someone live there at such a reduced rent.

Also, she may have lived there for 40 years, but she may still only be in her 50's! Everyone is acting like she's 100 and only likely to be there a few more months.

Lots of unnecessary assumptions against the OP I think!

Sunflowersareblue · 04/10/2014 21:13

How has it deteriated? What is wrong with it that needs immediately fixing? A tenant shouldn't have to fix it. You should!

hmc · 04/10/2014 21:14

I agree with those who say let her continue to live there. Unless you are in dire financial straits that's the right thing to do. Also - can you not afford some essential repairs on the basis that it is your asset and eventually you will profit from it? Perhaps there is a compromise - with a modest increase in rent?

SuperScrimper · 04/10/2014 21:14

iamHelena yeah she should just give it to her Hmm so you rent someone else's property, don't take care of it like you are required so they give it to you for free. Awesome, where do I find a landlord this stupid?

I would discuss with her the state of the place. You either need to raise the rent or ask her to leave. She has broken the agreement.

IamHelenaJustina · 04/10/2014 21:14

Could any of you actually live with depriving an elderly widow of her home just so you can make a few extra quid? Anybody really want to own up to that? Hmm

Yup, give it away. end of worries. Not your problem what she does with it.

OR borrow the money to maintain your property properly as it should always have been. Using the rent towards this and then when she dies sell an improved asset.

LEMmingaround · 04/10/2014 21:15

Yeah that's a good idea let the tax payer buy the op's new boiler. Its a bloody investment - they need to maintain the investment they were left. Take out a loan to do the work if you can't afford to pay now. Use the rent to pay some of it.

Just be a bit considerate to the person who has paid to live there for 40 years. If she is deteriorating she may well go into a home soon so you wont even have to wait for her to die

coffeeinbed · 04/10/2014 21:15

OP says the house has deteriorated.
Is it safe for the tenant to live there?

IamHelenaJustina · 04/10/2014 21:15

The Op's husband INHERITED this house remember. It's cost him nothing. It's a gift.

concernedaboutheboy · 04/10/2014 21:16

I'm not a landlord hater but the law is the law and the OP needs to know what that actually is!

Regulated tenancies are not around anymore but there are still people that have them of course. It is true that the easiest option is often to wait for the person to die.

The OP says that the tenant has repairing obligations via the lease. If that's the case and the tenant has not complied with the lease then there may be grounds for a possession order on a discretionary ground but the judge may decide that the landlord is also at fault, in which case they are perhaps less likely to grant the order.

Quivering · 04/10/2014 21:18

This reply has been deleted

Message withdrawn at poster's request.

chocolatespiders · 04/10/2014 21:20

Put the rent up.. If she can't afford it she can claim housing benefit. You can then do some repairs

concernedaboutheboy · 04/10/2014 21:21

It may be the case that the apparent repairing obligations included in the lease are in essence worthless. The landlord may have statutory repairing obligations that he can't assign to the tenant.

Really, really, you need legal advice. As does the tenant.

concernedaboutheboy · 04/10/2014 21:22

She can't just put the rent up. This in all likelihood is a regulated tenancy. Rent increases are controlled.

TeaAndALemonTart · 04/10/2014 21:22

Give it to her? LOL.

FiveGoMadInDorset · 04/10/2014 21:23

Sorry computer won't allow links but google citizens advice and protected tenanices. It will be very difficult for you to remove her and she may have cause against you for not maintaining her property.