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Assure Tenancy being replaced by an Assured Shorthold Tenancy

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Garym Roberts
Garym Roberts
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One of my landlords inherited a property following the death of her brother.
The current tenant and his father had lived at the property for several years and the father had an assured tenancy. On the death of the father the son, I assume, inherited the assured tenancy. However, the son, the current tenant, later signed an assured shorthold tenancy. The situation was further complicated by the death of the landlord.
The timeline was something like the following:

1. Pre 1989 - Previous tenant and son lived in the property on an assured tenancy.
2. 2007ish - Previous tenant dies, son, who is over 30 years of age, does not inform landlord or letting agency (not ours).
3. March 2010 - Letting Agency find out that previous tenant has died and issue the son an assured shorthold tenancy with a tenancy period of 3 years. The son (new tenant) signs this new contract. The rent was a very low 300 pcm.
4. 2010 - the Landlord dies and after some time the property passes on to his sister (current landlord).
5. March 2013 - The AST was not renewed.

The current landlord would like to sell the property at the best possible price and obviously would like to sell it with vacant possession.

1. Does the 3 year AST signed in March 2010 supercede any rights that the tenant had from previously being on an assured tenancy, and despite not being renewed in 2013 would it automatically be taken as being offered as another 3 year tenancy?

If the new contract does supercede the original assured tenancy can we issue the tenant with a Section 21 order.
If not what can we do?

2. If we cannot easily terminate the tenancy how can we increase the rent to reflect the average rent for the area. The average rent for a similar property would be 600 pcm.

3. The tenant has complained that the electrics need upgrading. Obviously, under an AST this is the landlord's obligations, however, if it is deemed to still be an assured tenancy would it be the tenants' responsibility to upgrade the electrics?

Quite a lot here, I hope that you can help.

G Roberts

21/10/2015 19:28

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