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

How come it is morally reprehensible to some on this thread for the owners of the house to evict the tenant who has not complied with the terms of the tenancy for many years while benefitting from an under market rent, but it's okay for the tenant not to fulfil their obligations?

That just doesn't stack up.

Also the tenant may be 75, but these days that does not make her an infirm little old lady. If she were, she wouldn't be looking after her DGC.

Actually yes, Helena, I do.

You and some others are acting like she's a money grabbing witch, when really she is absolutely in a no win situation.

If she evicts the tenant and sells the property as is sensible, she gets called immoral and money grabbing.

If she keeps the property, she can't afford to maintain it and financially suffers.

Leaving out your ludicrous suggestion that she gives it to the tenant- what do you suggest she does?

No copy of rental agreement. Doubt tenant was ever responsible for repairs as not usual. A lot of tenants do repairs or decorating themselves out of goodwill/because otherwise wouldn't be done.

Rubbish, SoonToBeSix, under s11 of the Landord and Tenant Act, the landord is required (www.legislation.gov.uk/ukpga/1985/70/section/11)

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

This applies to leases granted since 1961

www.legislation.gov.uk/ukpga/1985/70/section/13

So it applies here, certainly given that there's no contract in evidence to say otherwise.

We cannot afford to properly look after our own home, we're struggling with our own bills - there isn't money kicking around for this property.

DH knows the tenancy includes repairs - it has been referred to throughout the tenancy and and is the reason for the peppercorn rent.

Put the house up for sale, whether you actually go ahead with a sale is neither here nor there ( you can get a friend to make an offer then back out when need be ie once she's gone) but it will mean she will have to move out once and for all into a more suitable property for her needs. She has had a very very good deal from your family over the years. It's your house and that's that. A survey might even show the house is uninhabitable in which case she will also have to move out into more suitable accommodation.

"Leaving out your ludicrous suggestion that she gives it to the tenant"

How is it ludicrous? Neither the OP nor her husband paid for the home. The OP's DH was given an asset worth very little, due to the poor maintenance, and due to the regulated tenant.

If someone gave me a Rolls Royce worth £250k in their will, I wouldn't give it away, however if they gave me a ratty old Nissan Micra £250 I probably would.

Actually Helena, yes and I do. You haven't got any practical advice to offer the OP, you've just had a series of goes at her. All because her DH inherited a house with a sitting tenant. You can't refuse to inherit something you are bequeathed in a will AFAIAA, so I am sympathetic.

They've tried to do the right thing by the tenant, but it's now crunch time. OP please get legal advice as soon as possible.

Also if she can not find her tenancy agreement to prove she has an assured tenancy then obviously you have grounds to get rid of her.

I've got an idea, I amhelena

if it is so easy to conjure up the money to maintain a second house on a peppercorn rent, why don't YOU offer to pay the difference between that and a full market rent?

A decent landlord has legal obligations to fulfil, and this doesn't happen for free. I think we all agree that any elderly lady would prefer to live in "her" home - the only discrepancies being between the emotional arguments and the practical ones.

I will take my hat off in awe if you are willing to fund an old lady through her retirement years - and potentially her children, too. We all know we'd want to. The ethical/moral stance isn't in question.

Otherwise, I'd gently say unhoik those judgey pants and stop dictating expecting OP to do what you are not prepared to

Explain further Ratty re husband knowing about repairs for low tent.
The old lady may have a paper copy of original agreement. But you mighty find that it states the landlord is responsible for repairs.
What might have happened over the years is: repairs not done, tenants report to landlord, still not done, tenant offers to do repair , landlord agrees, landlord thus doesn't put rent up. So a verbal contract.
You definitely need legal advice.

"DH knows the tenancy includes repairs - it has been referred to throughout the tenancy "

Referred to how?

The legal position is unless you have a covenant stating otherwise, it's your responsibility. You already said you don't have that.

What kind of repairs have been performed in the past by the tenant?

"and and is the reason for the peppercorn rent."

She is not paying a peppercorn rent. She is paying below market rate because she has been there forty years and her tenancy is regulated and you can't evict her, and can't increase her rent much either. Originally the rent would have been at market rate. A peppercorn rent is a different thing.

It is highly unlikely she has repairing duties OP and the peppercorn rent is standard for a tenancy of this age. You are highly likely to be in breach of your repairing obligations, this is especially worrying if the boiler is rickety/dangerous! Please take legal advice.

Actually both my grandparents and dh's grandparents lived in homes on very similar arrangements. It can be done. If there's the will to do it. The OP and her dh could do it - by giving the house away.

If I were the OP though I would be talking to the tenant about agreeing a small rent increase in the proper fashion. I would also be talking to them about investing in the property and taking advantage of grants on offer. What I would not do in any circumstances is look to evict her.

You might find she would be happy to pay more rent if you did the necessary repairs and decorating.
She would probably be entitled to housing benefit.
Agree she may well have a copy of the original agreement.
Have you asked her?

Helena your second paragraph sounds very reasonable, giving the property away, not.

Actually giving someone a house in shit order who hasn't the funds to repair it, that's not even such a great gift. As the OPs DH has discovered.

Am I the only one slightly bothered that the tenants children are letting her stay in a place that is falling down?

Can you arrange a meeting with her OP? Talk frankly about the situation and see what her thoughts are. If one of her children can be there then who knows, they might decide that it's best for her to move into a retirement flat.

"Also if she can not find her tenancy agreement to prove she has an assured tenancy then obviously you have grounds to get rid of her."

This is wrong: Pre-1989 - regulated tenancy, 1989-1997 - assured tenancy, 1997-present - assured shorthold tenancy. At least by default.

This tenant moved in in the 70s! So there is no chance that this is not a regulated tenancy.

And there is no distinction between a verbal and written contract, so that's completely irrelevant.

Unless the landlord can prove otherwise, he will be bound by the law:

(a) NOT to evict the tenant except in very special circumstances
(b) to maintain the structure of the house.

The remedies for this are:

(a) approach the tenant and ask how much they want, in cash, to leave (will be tens of thousands at least)
(b) sell the house at reduced value given the sitting tenant
(c) give the house to the tenant.
(d) wait for the tenant to die, but in the mean time maintain the fabric and structure of the house by whatever means

Eviction is not an option here.

Obviously it's a shame that this inheritance isn't worth as much as a vacant house, but it's still going to be worth more than was paid for it in the 70s....

I would meet with her but possibly look into things a bit more first so that she has a few options. Seems there are three

Pay more rent to over works
Pay for works and keep low rent
Move to somewhere in a decent state of repair

"Can you arrange a meeting with her OP? Talk frankly about the situation and see what her thoughts are. If one of her children can be there then who knows, they might decide that it's best for her to move into a retirement flat."

Yes that's all very well, but just as the OP has inherited a valuable asset, the children of this lady will be very aware that their mother is also in possession of a valuable asset in this regulated tenancy. Any ideas that she would just move into a retirement flat without payment of a substantial amount of money are frankly barmy.

Apply to put the rent up to market rates - obviously do this legally.

75 year old will then get the housing benefit she used to be entitled to and she can pay the market rate.

Repair the property so you are covered legally - you absolutely need a good boiler in there, if there's a carbon monoxide leak and anything happens even if you're not liable under the old tenancy you will feel dreadful.

Making this property safe is the priority and there is nothing wrong with charging full market rent and it being paid with housing benefit.

Good luck

TBH OP I'd be pissed off with however left your DH the house!

You can't evict her
You will be responsible for the repairs
You could up her rent but not by much and doubtful it will be anywhere near market rent
Small 10k mortgage to pay for essential repairs
Or sell with sitting tenant

"Pay more rent to over works
Pay for works and keep low rent
Move to somewhere in a decent state of repair"

None of those options are grounded in reality.

It might be possible to get more rent, but only at a rent review, and it won't cover works, necessarily.

And the landlord has an obligation to maintain the structure of the house.

And the tenant is clearly not going to move somewhere well-maintained, when she is paying a quarter of the cost of doing so.

PS. Is this house in Scotland?