Moving a regulated tenant/Private Sector

[jurdy1]

Is this fairly straight forward. I am looking to purchase another flat of comparable size etc within 1 to 1.5 miles from where my tenanted flat is and would like to know whether the move is easily achieved. I understand that I cannot amend their current rights in any way and would probably keep their rent as is as a show of good will. I don't really want to purchase the second flat if I am likely to lose in court as the tenants in question are fairly old and a complete pain in the @rse with constant minor issues being raised in letters from either themselves or via telecons with various tenancy advisors at my local council.

[davidjohnbutton]

Let me get this straight - you are intending to purchase another flat for the regulated tenant to move into? Have they agreed this move in writing and have you put in some penalty clauses to cover if you buy this flat and they then refuse to move?

Methinks you would be best leaving the regulated tenants where they are until they either leave or die - trusting that there are no relatives living there who would succeed them.

As to the minor niggles etc. Just co-operate with the housing rights people who are probably just as fed up of them as you are - and remember that you merely have to keep the place in repair, you are not forced to improve by putting in something that was not there before - just keep the place ticking over until you eventually have possession - then improve it and relet it at a proper market rent.

I had this problem some 30 years ago when councils did give grants out to landlords - elderly though sprightly couple in a controlled rent (before regulated) tenancy paying a couple of quid a week. Repeatedly wanting individual repairs but refusing permission to fully repair renovate and improve - I offered them another house (same rent) whilst theirs was being improved - refused. They did not want to suffer a rent increase. Their property was being subsidised by others on regulated rent - I ended up refusing to do any repairs which did not affect safety and eventually when they left (one foot first) I was able to do a complete renovation and improvement - one of which was to put a toilet inside!!!! What I could have done is got a court order to force the issue - but at what cost?

[Editor]

As David says, you cannot move them without thier consent.
One strategy that landlords have used here is to do exactly as you are suggesting, and offer tenants alternative accommodation of a much higher standard than than the existing, BUT on a shorthold or assured shorthold tenancy.
The improved conditions are sometime enough to induce them into relinquishing their old tenancy and moving.
This is not a ploy to turf them on the street, but it releases the existing property for development/sale/re-letting on modern terms, and the existing tenants are also on a modern tenancy in the new property.

[jurdy1]

Understand exactly what you are saying, but am having all sorts of problems with them as they live in a basement flat below my house. They object to everything I want to do and I felt short of offering them cash to move (which I am not sure they would accept) purchasing another flat of the same size/better quality and allowing them the same rights would allow the courts the discretion to grant the move. I have spent some time studying the ODPM release on regulated tenancies and although 'a move' is not a mandatory case understood that the court could on a disrcetionary basis agree the move. They have already used the tenancy service, who are bored of their/my alleged minor infringements but I have yet to talk to the rent officer. Is this soething I should be doing?

[Editor]

The fact that the tenants live in the same building as yourself puts a differnt light on this.
If these tenants live in the same building as yourself, and you have always occupied the building yourself during the time of this tenancy, you have issued the tenancy as a private individual, not a company and the house is not a purpose built block of flats, it could well be that your "tenants" do not have statutory protection at all, as you imply.
If all the conditions were to apply regarding the Resident Landlord Exception, then this would mean that your tenants merely have a licence and not a tenancy, and you could legally give notice. It's worth looking into.

[davidjohnbutton]

This is yet another case where the poster does not give all the relevant facts - this very often results in an answer that is very different as can be seen from this thread.

Please post all the details of the tenancy (leaving out the address and names oftenants of course) so that a constructive answer can be given at the outset rather than one that is based on duff info.

I agree with Editor's last post which modifies my own answer which was based on said duff info!!!!!

[jurdy1]

sorry for the potential holes in my post your input in very much appreciated.

Essentially, I have for the last 6 or 7 years owned the top two floors of a victorian conversion which is one unit. recently the ground and basement flat came up for sale and I was lucky enough to purchase these outright including the freehold of the property.The ground floor and basement at the time of purchase were two seperate flats which were converted in the early 80's. The tenants in question were originally resident in the top maisonette and were,once the basement flat was converted, moved into this flat. They continue to be regulated tenants.

I was not the landlord at the time their tenancy commenced, which was passed on to the current tenant by his mother in the 1970's.

We have since converted the ground floor and the upper maisonette into one unit and have replaced as necessary the soundproofing materials between the ground and basement floors. This conversion was objected to by my tenants as they didn't want anyone living above them on grounds of an increase in noise level. Hard to understand since they have resided in the basement for the best part of 15 years and have had various SHT's above them.

This objection was not carried by the council and since the conversion was completed we have had lots of 'little' problems with the tenants and they have been in dialect with the council over their various grievances who after speaking to me have decided they are not interested and do not want to be further involved. They still continue to repeatedly slam doors (IE stand at the door and open/slam until they either get bored or tired) and if we move from one room to another either turn their music/TV up to a point where it has made our lives a little uncomfortable or repeat the door open/slam game. We feel that we continually have to sneak around the groundfloor and purposefully keep both music and TV noise to a minimum and this is with something like 270mm of insulation materials betwen the floors some 3 times greater than what was pulled out.

None of the either discretionary or mandatory cases apply but understand that the 'suitable alternative' accomodation is a way of moving my tenants.

Do I have to purchase the second flat prior to going to court and if the possession order is granted can they quibble about what I purchase which, being resonable would be of like kind and quality no more than a mile or so from where they currently reside.

If there is a law firm that you can recommend in london to take on this issue and has the relevant Rent Act specialism then please repost.