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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:
Quivering · 04/10/2014 21:23

This reply has been deleted

Message withdrawn at poster's request.

flipflopsandcottonsocks · 04/10/2014 21:25

Helena, it seems as though you're picturing a very frail old lady in her 90's- but how do we know this is the case when the OP hasn't said? My grandmother was widowed in her 60's and had lived in her house for 40 years prior to that. She's now in her 80's and very fit and well. The OP could be having to allow this agreement to go on for the next 30 years! We know nothing about her financial situation. Yes they inherited the house for nothing, but for all we know this house could be what they need to get them out of financial crisis. I am not saying it is, but why are we assuming that the OP is being greedy?!

concernedaboutheboy · 04/10/2014 21:26

Yes she could do that Quivering. May be the best option all round.

Methe · 04/10/2014 21:26

Give it to her!

Amazing that this is the same site that would have pensioners turfed out of their council houses because they can't pay the bedroom tax and young families are more important!

You're all crackers.

Op, have you spoken to your tenant about any of this? She must be aware of the situation.

jchocchip · 04/10/2014 21:31

It's really hard. My dh died in July and our old family home where my dd was born is rented out to someone who has not paid any rent for over a year. My dh was managing it and was very soft on our tenant. Complicated situation, she was the daughter of a neighbour and very ill at one point. So obv we couldn't evict her while she was ill and just let it ride. Problem now is I don't know where dh put the rent agreement. I still have to insure the property, get a gas safety certificate and deal with repairs (eventually - she seems a bit embarrassed to report them at the moment), so it is costing me, rather than providing an income which would be nice. Confused At the moment I have my head in the sand hoping the agreement will turn up.

I really do sympathise with your situation. I don't know if there is a solution, if she has breached her tenancy (by not doing repairs) you may have grounds to get her out, or this should be taken into account by the valuation office agency in setting the rent. Has there been a fair rent set? You could do with some legal advice, it doesn't seem a good situation for anyone, but not straightforward.

specialsubject · 04/10/2014 21:38

chocchip if this tenancy started after 1989 then you are protected. The rent agreement is irrelevant. The tenant needs to pay the rent and the arrears or you start eviction proceedings.

ride? You are being taken for one. Disgusting - no-one needs this, least not a grieving recent widow.

hmc · 04/10/2014 21:39

"You're all crackers" - one person, that's one person said "Give it to her" Hmm

wannabestressfree · 04/10/2014 21:41

^^ that's terrible. Please get on top of this. ILL or not she would get help with rent and she is taking the piss. Protect you and yours.

With regard to the old lady I would get proper help and do it formally. Let her know though that your intention is to seek possession phone the council. Depending on her age she will get some help. It's sad yes given her age but you need to stay unemotional.
If she injured herself in your house due to it's state do you think they would be as understanding to you?

wannabestressfree · 04/10/2014 21:42

Sorry my top comment was to chocchip

figgieroll · 04/10/2014 21:47

I would probably release some equity to do the boiler etc and then leave her be as property will probably just slowly rise in value

Smartiepants79 · 04/10/2014 21:47

It may be her home but it is not her property.
I can't believe people are actually seriously suggesting it should be given to her!!
Do you often give gifts worth tens of thousands of pounds to random people?
As Pp have said just letting her stay there is not a long term solution. This lady could only be in her 60s. Assuming she is about to pop her clogs is silly.
The OP has stated clearly that they cannot afford to keep the house going on the very small rent they are receiving. Inheriting a house does not magically make you wealthy enough to maintain it.

OP get some legal advice and look carefully at the tenancy.
If a way can be found for her to stay and for you to be able to manage financially then great.
If not, then do what you can to make the transition easy but remember you are not responsible for her. Her own family are.

jchocchip · 04/10/2014 21:51

I know, I know. She is taking the piss, she used to get housing benefit, that is the only rent we have ever had off her. I am going to have to do something about this, aren't I? Thing is I work full time, have enough money for my bills and live quite simply (usually) At the moment I don't need the money and don't want to feel like an evil Rackman landlord evicting her. The house is not worth that much (Ex metro Oop North) and we had plenty of rent in from a previous tenant so didn't feel like the house owed us anything. I know that I will have to spend time and money doing it up if she does move out, she has not been looking after it Sad

DorisIsALittleBitPartial · 04/10/2014 21:53

I don't know what a regulated tenancy is but to me this sounds like a protected tenancy. I think you should get legal advice about what is expected of your DH as her landlord as I think he will probably be liable for some repairs or new boiler if that is what is needed. It is called a protected tenancy because the tenant will have certain rights over rent increases and eviction that are not the same as current Assured Shorthold Tenancy agreements.
I do think you are being mean wanting to kick her out of the home she has lived in for 40 years, the person your DH inherited from was happy for her to live there and I think you should respect that.

flipflopsandcottonsocks · 04/10/2014 22:01

Doris- Just because the person who previously owned the house was able to allow the tenant to live there does not mean that the OP can afford for the lady to live there!

If my parents died now then I would inherit a house in a truly uninhabitable state and there is no way I could afford to keep it.

BlueBrightBlue · 04/10/2014 22:05

Have you contacted the council to see what grants are available to make the house " livable"?

Original poster
RattysPicnic · 04/10/2014 22:09

Her DH died 18yrs ago, she's not a grieving widow. DH reckon's she's about 75ish. Not sprightly but not unhealthy either. Waiting for her to die doesn't really seem to solve the problem as the roof is already in on some of the buildings and could have fallen in on her bedroom by that time.

We have thought about drawing equity out of the house but a) the amount the house is worth vs rent received would mean we could only draw very little as we'd have to meet the mortgage from the tiny rent b) the costs of refurbishing wouldn't be met by it. It needs a buyer who is up for a project - it'd be difficult to achieve

OP posts:
EhricLovesTheBhrothers · 04/10/2014 22:10

If she moved in before 1979 she's a sitting tenant and you can't just evict her.

IamHelenaJustina · 04/10/2014 22:12

I find it pretty funny actually - keeping an asset, that cost you nothing, at the expense of an elderly person's security is perfectly fine but giving away that no cost asset is bat shit crazy?

All of those of you who say you can't believe what I'm saying, are you really comfortable with this moral compass?

Lets be frank here - the OP and her husband want the money this house represents. The moral values behind that decision are of no interest to them. They just want the money. Alas the law is not entirely on their side and it will doubtless cost them time, effort and money to get the woman out. What a shame.

RandomMess · 04/10/2014 22:12

Sounds messy and of course you need legal advice. It does sound as though the property is in such a state of disrepair that she will need to move out Sad.

I hope you are able to resolve the issue, perhaps she will be open to needing to go to sheltered accommodation. As she doesn't have any equity herself presumably she can get council tax and housing benefit?

roneik · 04/10/2014 22:13

What about putting it to auction?

juneybean · 04/10/2014 22:13

But Helena, why should this lady's family then inherit?!

IamHelenaJustina · 04/10/2014 22:15

Who's paid for the house over the last 40 years Juney?

flipflopsandcottonsocks · 04/10/2014 22:18

Helena- Have you read anything that the OP has said, or are you just intent on making her out to be awful for no reason?! You are making an awful lot of assumptions based on absolutely nothing!

flipflopsandcottonsocks · 04/10/2014 22:21

Yes the tenant has paid rent, (though not a lot apparently!) but rent doesn't magically transform into a mortgage just because you've lived somewhere for a long time. Rent is rent, you don't legally own the property. I highly doubt the lady would accept such a high value gift anyway, most people wouldn't, surely?!

Original poster
RattysPicnic · 04/10/2014 22:22

IAmHelena - DH's family left it to DH so he could benefit, not the tenant. The tenant has benefited hugely from the arrangement already. She has benefitted financially to the tune of many thousands of pounds. She's not been tragically abused.

Not sure why you think the tenant's family are more deserving than DH.

OP posts:
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