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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:
ceres · 05/10/2014 09:13

"It's a funny old world isn't it?

Your husband inherits a house having paid nothing towards it and that's YOUR asset to liquidate to improve your home with.

You live in a house for forty years, paying rent, doing some repairs and that's NOT your asset and in fact you are a burden on the owners to be ditched, deceived and derided.

Hope the OP can sleep tonight. I wouldn't be able to."

what a bizarre post. if you RENT something it is not yours to keep forever. If you BUY something it is your property and you can dispose of it as you like. If you are GIVEN something then it is also yours to keep and do with what you will. fairly simple concept to grasp I would say.

TeaAndALemonTart · 05/10/2014 09:18

Talk to her. Maybe she's saved all the money she should have paid for her housing over the past forty years up and will be able to buy it herself.

She's had a great deal for many years. Don't feel bad at all.

QOD · 05/10/2014 09:24

Wow op I can't believe the bashing!
Good luck either selling to the family or getting her moved out.

The thing is, if the family buy then sell the land for gazillions, you and YOUR family lose out.

Original poster
RattysPicnic · 05/10/2014 10:00

I should think whoever bought it, they would do it up into at least 2 properties, maybe three and sell it on well. Quite a lot of money would be needed to do it, of course.

I think it was valued 3yo at £150K. If sold without sitting tenant, it would fetch iro £270K. 2/3 developed properties would be £750K (there's a bit of land enough for each to have a good garden and parking). TBH, it isn't something we have the ability to do, so we don't resent anyone else making money out of the place. That's fine. But I think selling to the sitting tenant might be difficult to negotiate. This is DH's inheritance and knocking large amounts off for the state of the place when she's the one who has got it there might be a bit, dunno, uncomfortable.

I do think we could broach the subject through the issue of the essential repairs, and maybe get her children to talk to us about that too, just to sound them out a bit. We can't evict her - that's clear, really - but maybe we could start proceedings to raise the rent and that might prompt them to have a rethink. It's all a bit delicate, though.

OP posts:
HappydaysArehere · 05/10/2014 10:06

Sounds as if the boiler is the main and urgent issue. Could this be negotiated on an instalment basis which she pays for in lieu of any rent rise. You are receiving a rent even if you believe it is not based on market value. Where is that going? You inherited it, perhaps you could leave the situation as long as it doesn't cost you money you haven't got. It can be a long term investment. After all the previous owner was happy with the arrangement. Would they have bequeathed it to you if they knew you were going to deprive their long term resident of their home. Are you thinking about these obscene rental charges which are being described on a daily basis?

Original poster
RattysPicnic · 05/10/2014 10:17

The previous owner wasn't really happy with the arrangement - he was just old himself and didn't want to deal with it.

It is costing money all the time. The depreciating value of the property isn't met by the rent. E.g. the window frames are really looking like they are properly rotting - the cost of them falling in and being replaced would be several years' rent. We want to sell now because we can't solve the problems ourselves and neither can the tenant. We'd rather not get a mortgage but if we had to it would be small. However, I think we'd need to do stuff to the property even to get the mortgage (damp proofing or whatever) as I don't think the bank would lend on a depreciating asset.

OP posts:
YonicScrewdriver · 05/10/2014 10:19

"Would they have bequeathed it to you if they knew you were going to deprive their long term resident of their home"

How rude.

It was within the power of the previous owner to leave it to the tenant if they so desired.

How do you know that the previous owner wouldn't also have preferred to have passed on an Uninhabited property but at least felt the £200 per month would help OP's family somewhat.

YonicScrewdriver · 05/10/2014 10:20

X post with OP.

Assume that some maintenance issues existed when previous owner was alive too.

magpiegin · 05/10/2014 10:23

I can't believe the shit the OP is getting here. The tenant has rented for 40 years and will be aware it's not her property. If she wanted security then she could have bought. She has also had 40 years of cheap rent.

Good luck OP, hope you get it sorted.

FlorenceMattell · 05/10/2014 10:48

Sorry but the house sounds to be in a state :
Roof needing repairs, rotting windows, is there damp ?
Kitchen and bathroom probably very dated.
Dangerous boiler , so no heating ? In Scotland
The £200 rent sounds reasonable.
When did the rent last go up? If the tenant was paying £200 x years ago then it may have been at or above market rent for many years Iykwim,
No OPs fault her husband has just inherited. But tenants view needs to be considered.
OP could you find a third party to come in and pay for repairs , maybe make a ltd company so that you also benefit from developing land?
Local builder?

FlorenceMattell · 05/10/2014 10:50

Sorry meant not OPs fault.
Must be a compromise here tenant gets home in same location, maybe smaller but up to date.
OPs husband makes some money from his inheritance.

hhhhhhh · 05/10/2014 11:48

This reply has been deleted

Message withdrawn at poster's request.

FlorenceMattell · 05/10/2014 12:32

"No tenants ever expect to live in a house until they did"
Yes this what used to happen. This house is on a farm so tenants may have worked there, house was tied. Old tenancy agreements were for life in some instances.

NatashaGurdin · 05/10/2014 13:11

Has most of the advice given so far to the OP been related to England? Surely she needs legal advice from a Scottish property expert/solicitor because of the differences between English and Scottish law?

this link might have some relevant information:

www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland/other-types-of-tenancy

British Gas is not the only supplier to offer help, this link might be of use, the tenant needs to be claiming certain benefits to qualify I think:

www.gov.uk/energy-company-obligation

This might have information about grants for essential works although there might be some qualifying criteria that needs to be fulfilled:

www.energysavingtrust.org.uk/scotland

It might be worth looking at CAB Scotland website as well, it mentions improvement grants on this page I think:

www.adviceguide.org.uk/scotland/housing_s/housing_repairs_and_improvements/website_providing_support_for_homeowners_who_want_to_repair_improve_or_adapt_their_homes_scotland.htm

NotDavidTennant · 05/10/2014 13:24

OP, in your shoes I would first look into whether it was financially viable to keep the current situation going through a combination of (if possible) raising rent, grants for repairs, getting the tenants family to chip in if willing, etc. However, it sounds like the combination of the state of your finances and the disrepair of the house means that this is unlikely to viable.

My next move (for what it's worth) would be to start the process of the property being put up for sale/auction with the sitting tenant. Then I'd approach the family and offer them first refusal on the property.

That way, although you won't get market price, at least you'll get some money out of it and you will also divest yourself of any liability with respect to maintenance and repairs. And if the family can buy it from you direct you will save yourself some agent/auction fees as well.

PausingFlatly · 05/10/2014 13:35

Can we be careful using the term "market price"?

If they sell, they probably WILL get market price, for a building in considerable disrepair with a sitting tenant.

What they won't get is market price for a refurbished/redeveloped building with no sitting tenant. Because that's not the item they own.

specialsubject · 05/10/2014 13:40

ah, right - Scotland.

ignore my link, then. No doubt there is a Scottish equivalent.

MrsWedgeAntilles · 05/10/2014 13:51

I think you're just going to have to suck this up, OP. As a landlord your DH has pretty well defined responsibilities under the law and the law is pretty firmly on the side of the tenant.

This happened to people I know. I'm not sure what processes they went through but I know that the tenant left years later at a time of the tenants choosing and the owners ended up having to make a ton of repairs while the tenant was there.
I do know that there were a lot of grants and what not available so it might not be that selling up is your only option. You really do need to get some proper Scottish legal advice, also go to the housing department of your local council and see what they can do for you.

YonicScrewdriver · 05/10/2014 13:59

In particular look at any loopholes that would let another family member move in and possibly take over the tenancy!

DiaDuit · 05/10/2014 14:11

Yes it is right to evict her as she's not sticking to her contract of maintaining the house

I'd be amazed if any contract stating a tenant was responsible for replacing boilers and replacing fallen in rooves was at all enforceable. Far more likely that any 'maintenance' in the contract refers to cleaning out guttering, clearing drains, painting woodwork etc. large stuff like the roof falling in on a house the tenant will never own and is paying rent to a LL for? Well that will be the LL responsibility. Regardless of what maintenance her husband did before his death.

IamHelenaJustina · 05/10/2014 14:45

From the earlier links it looks like a child might have the right to move in and then take over the tenancy under the same terms. The OP may find as she starts to get legal advice so do the tenants.......

furcoatbigknickers · 05/10/2014 14:50

How old is the tenant?

BeckAndCall · 05/10/2014 15:15

earlier on up thread it said the OPs Dh thinks about 75, furcoat - not that old in my mind......

figgypuddings · 05/10/2014 16:10

OP, are you registered under the Landlord Registration Scheme ?

Original poster
RattysPicnic · 05/10/2014 19:38

We registered with Landlord Registration Scheme.

The boiler thing probably is the most pressing - thanks for the links. And thanks for all the replies, this has been really helpful. TBH I was expecting far more of a flaming than I got, probably because I can empathise with the tenant. But, every £1 she saves by being there takes a potential £1.50 from my family so we're going to man up and go and see her. If she won't move, we'll need to look to raise the rent.

OP posts:
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