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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues September 2016

Tessa Shepperson of Landlord Law answers your questions

Q. I rented a property to an elderly tenant who lived there on his own and who has recently died. He had a one year fixed term AST which has four months still to run. His daughter, who says she is his executor, has moved into the property. I don't want her there as she has a chaotic lifestyle and I have already had complaints from neighbours. However, she says that she is entitled to do this as she inherits the tenancy as residential beneficiary under his will. How can I get her out?  

A. I would suggest that first of all you ask the daughter for a copy of the will and grant of probate. However, assuming she is right, you need to serve a notice under Ground 7 in Schedule 2 of the Housing Act 1988. This needs to be served ASAP as there are time limits - the notice is a two month one and you need to start proceedings within 12 months after the death of the tenant.

The proceedings should be fairly straightforward though as this is a mandatory ground for possession. Note by the way that the original ground 7 only specified that it could be used for periodic tenancies but this was amended by the Localism Act s162(5) to include fixed term  tenancies. So you can use it.


Q. I have just received a letter demanding compensation for the poor condition of my property - but the tenant moved out six months ago. Surely she can't demand compensation after she has moved out?

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