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View Full Version : Dispute between Protected Tenants - How to Solve?



mgmti
18-12-2011, 21:17 PM
I have been asked for advise on the following problem. I will try to simplify the history / problem.

House is in England, if that makes any difference in law.
House has 3 "protected" tenants, lets call them A, B & C.
C currently keeps themselves to themselves after getting into trouble.

A and B are arguing.
A and B share a bathroom and WC.
A has been there the longest (well over 20yrs)
B has a kid, therefore rights.
B has previously sublet, but the landlord hasn't reprimanded B about it, even though it is against the tenancy agreement.
B has made A's life a misery, ever since moving in (more than 5 yrs).
A now doesn't use the bathroom or toilet (goes to a friend's flat or work).
If anything goes wrong with the water in the house, B blames A.

A asked landlord to put in an additional bathroom.
Landlord told A, that A had to pay for the work & the landlord fee & to pay to take it out when they left. Just so the landlord can then put the rent up.
Due to the cost and the length of time that A is now expecting to stay, A has not gone ahead with the bathroom.

Landlord is not interested in resolving the problem between A & B, even if that meant charging A & B more rent by moving them into different properties that the landlord owns.

Neither, A or B seem to be interested in solving the problem by moving out.

There are other points, but details are not needed to be aired.



TIA

PaulF
18-12-2011, 22:16 PM
You will have to explain further what you mean by 'protected tenants'. What type of tenancy agreement is in place, how long is it, is it within the fixed term etc etc.

mariner
19-12-2011, 02:33 AM
OP refers to house with 3 Ts. Does he mean property divided into sep flats?
No indication of LA terms though A may be Assured T.
If C is not involved LL should seek to evict both A & B
Insuff data

mgmti
19-12-2011, 08:20 AM
B is a single female with a kid. Been in the house for 10+ yrs. B has rights due to being a single mum with a kid.
A is single. Been in the house for well over 20+ yrs. A has rights due to being there so long. (was a protected tenant before the ToA changed. Rent is agreed with a rent officer every two years)
C has a ground floor self contained flat. Been in the house, on and off, for 15+ yrs.
B has the middle floor rooms
A has the top floor rooms
A & B "share" a bathroom and wc on the middle floor. B has redecorated & furnished both.
Each floor has its own kitchen.
All tenants share a communal front door, stairs & garden. (Garden now taken over completely by B).
B leaves her stuff all over the communal area & tries to rule the roost.

Sorry, I don't know what tenancy agreement the different people have.
I know they are not allowed to sublet.

I will find out some more info if requested.

Thanks.

45002
19-12-2011, 10:38 AM
B is a single female with a kid. Been in the house for 10+ yrs. B has rights due to being a single mum with a kid.
A is single. Been in the house for well over 20+ yrs. A has rights due to being there so long. (was a protected tenant before the ToA changed. Rent is agreed with a rent officer every two years)
C has a ground floor self contained flat. Been in the house, on and off, for 15+ yrs.
B has the middle floor rooms
A has the top floor rooms
A & B "share" a bathroom and wc on the middle floor. B has redecorated & furnished both.
Each floor has its own kitchen.
All tenants share a communal front door, stairs & garden. (Garden now taken over completely by B).
B leaves her stuff all over the communal area & tries to rule the roost.

Sorry, I don't know what tenancy agreement the different people have.
I know they are not allowed to sublet.

I will find out some more info if requested.

Thanks.

A.what do you mean by ToA ? if you mean tenancy agreement this Will not change the tenants rights as a Regulated tenancy

If A been there over 20 years,Still is Regulated tenancy(protected still)moved in before 15th Jan 1989

B. been there 10 years + Assured Shorthold Tenancies,moved it after 27 February 1997.

C. been there 15 years + Assured Tenancies moved in between 15 January 1989 and 27 February 1997,unless notice was served at the start of the tenancy saying it was AST.


you need to be a bit more precise with the dates,if possible..

Are you the ordinal landlord.

mgmti
19-12-2011, 11:25 AM
I am not the landlord. I am just asking advise as to how to solve the problem preferably without having to get the law involved.

A moved in, in 1985 with a verbal "Protected Tenancy" agreement - gets access to rent officer every two years when rent is reassessed.
B moved in, around 2000.

ToA : Terms of Agreement

A has the top floor (rented as unfurnished rooms) for as long as they require it.
The landlord / Letting Agency does the minimum it needs to.

Thanks.

jta
19-12-2011, 11:38 AM
If there is a dispute between tenants try not to get involved.

45002
19-12-2011, 11:44 AM
I am not the landlord. I am just asking advise as to how to solve the problem preferably without having to get the law involved.

A moved in, in 1985 with a verbal "Protected Tenancy" agreement - gets access to rent officer every two years when rent is reassessed.
B moved in, around 2000.

ToA : Terms of Agreement

A has the top floor (rented as unfurnished rooms) for as long as they require it.
The landlord / Letting Agency does the minimum it needs to.

Thanks.

A-is Regulated tenant,regardless of any signed or verbal agreement

B-is going to be "AST" Assured Shorthold Tenancies and not a protected tenancy..

C-? Assured Tenant moved in between 15 January 1989 and 27 February 1997,unless notice was served at the start of the tenancy saying it was AST.

I would just let them sort out the problems between themselves,don't get involved...

The only tenant that can be evicted with ease is B,if it ever came to that !

mariner
19-12-2011, 13:45 PM
"B is a single female with a kid. Been in the house for 10+ yrs. B has rights due to being a single mum with a kid."

B is AST and has no more rights than anyone else with an AST.
If B is causing the problem, I suggest serving B with s21(no fault) and subs legal eviction, may be the best solution.

Snorkerz
19-12-2011, 14:03 PM
B appears to be a pain in the neck. B is heading for eviction.
Accepting B moved in 11 years ago, when did the last contract begin and how long was it for?
Bs decision to have a child does not give her additional tenancy rights.

mgmti
20-12-2011, 18:43 PM
Now got to help write a letter of complaint to the LL to get B evicted.
B has been intercepting post and transfering utility bills without permission.
Problem is B had an eviction notice 2yrs ago and got it retracted.

Snorkerz
20-12-2011, 21:45 PM
Bear in mind the landlord has no obligation to evict B.