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

[RattysPicnic]

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

Have you had a conversation with her at all about the state of the house?

Agree with other posters, you need to seek proper legal avice on this one.

This is especially the case with what sounds like quite risky levels of disrepair.... If the contract is as old as it sounds from our posts, you may well be liable for any accidents that occur there. Your Dh and the tenant need to have frank and honest conversationsfollowing some sound legal advice.

I do think though evicting this poor lady is a no no unless you can assist her with a viable alternative.

To all those saying the tenant is breaking her contract... probably not because the landlord most likely will have been legally responsible for structuralmaintenance.

I would get legal advice, I would be really concerned about her living there in a house going into disrepair and her safety and the possibility of being responsible for things.

It's not as simple as evil landlady evicts old lady if no one has the money to upkeep the house to a liveable standard.

It depends on exactly what sort of contract she has. According to this government guide to repairing leases, there are some leases under which the tenant is obliged to maintain/repair roofs, windows etc, in return for a low rent - it sounds like that could be the case here.

Tbh the tenant would probably be better off in properly maintained, warm, dry, safe accommodation - if the house were in a bad enough state to be declared unfit for human habitation, for example, would she get priority for council housing or sheltered accommodation?

When did your husband inherit the house? It's not clear. What's he been doing with the rent during that time?

You need legal advice, but it could be in her best interests to leave. Many elderly people have to downsize from their homes anyway so it's not much different to that. She may not be able to cope in the property on her own and would maybe be better off in sheltered accommodation. You don't want to be seen to be neglecting her well being by letting her stay if she really shouldn't be there. Tbh if the agreement is to maintain the building then send her a bill for all upcoming repairs and if she can't pay them then she will have to move as most elderly people would who owned their own properties and have to down size. Its just the way it is, if it was her own house she'd have to sell it anyway to pay the maintenance bills. She is lucky she can just walk away from it and leave you to foot all the bills. Don't feel bad as she has a good deal from your family and is very lucky to have it so easy all this time.

To all those saying the tenant is breaking her contract... probably not because the landlord most likely will have been legally responsible for structuralmaintenance.

The op states in a post in the thread The property has deteriorated because it was her responsibility to do it up (part of the tenancy).

If she's been there for forty years then she will have a protected tenancy. If she gets wind of any eviction process she will move one of her children in and claim they have been living there for the last two years and they will be able to inherit the tenancy.

The OP's husband needs to treat extremely carefully. The repairing responsibility in the lease could be deemed "unfair", and necessary repairs could be reported to the Local Authority who could undertake them and bill the OP's husband for them. Or they could put a charge on the property so they get their money if it is later sold.

Not all solicitors have experience of protected tenancies so they really need expert advice.

Helena: if DH inherited this, and since he inherited it, various taxes have had to come out of pocket, if not any expenses. He at least deserves to be able to sell his property and lose as little as possible, realising whatever minor benefit his parents (or whoever) intended when they invested in the property then passed it to him. Giving it to the tenant leaves him out of pocket for the taxes, and her family benefits. How is it more moral for her kids to benefit than for DH to benefit?

How about her kids do the right thing and move her out of the house that's crumbling around her? Or help her meet her tenancy requirements as her late husband evidently used to do? DH is not responsible for this woman's declining years! He certainly has no moral responsibility to give his inheritance to her kids!

If there is no copy of the tenancy , how do you know she is responsible for the repairs? Usually the landlord is responsible.
As a landlord you are responsible for the home being safe to live in.
I would up the rent to housing benefit rate for area. You can find this info easily.
Then get a loan and do repairs to make it safe.
And yes get legal advice.

If you own the house you are responsible for maintenance of the roof.

Surely that's being-a-landlord-101?

If the roof is caving in then that's basically criminal on your part, surely?

You can't just evict the tenant because you don't want to maintain the house they are renting.

I can't believe you are just blithely saying that the roof might fall in on her bedroom. It won't bloody well fall in if you fix it, will it?

This is disgusting, and you need to fix it, it is no way to treat any human being, let alone a 75-year-old.

We think the tenant wants to stay, mainly because the property is so cheap and because she childminds her grandchildren there with lots of space for them to play.

DH would like to fix it up but we can't afford it, so we'd like to sell it and invest whatever we got in our own home. The buyer would be getting a bargain and the tenant has had a brilliantly inexpensive family home for the last few decades. But obviously it isn't that simple.

Florence read the thread , the op can't just increase the rent.

Aga the tenant is legally responsible for maintaining the roof.

If the OP cannot find a paper tenancy agreement then surely all that stands is that the tenant is paying rent and the landlord is not maintaining the property at all. Doesn't look good for the landlord.

Aga- How does someone fix a roof if they don't have the money to do it? That is why the OP wants to sell, because she can't afford the repairs that need to be done. It's not her fault that her DH inherited a property that they can't afford to maintain!

Sorry haven't read all posts :(
Legal advice.

have you looked into grants for boilers etc? tenants can apply too

'It's not her fault that her DH inherited a property that they can't afford to maintain!' - do you seriously expect us to feel sorry for them?