Rent Free?

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Occasionally, there are situations where a tenant has been allowed to live in a property rent free and with no tenancy agreement or notices. If you come to want possession of the property, beware! If rent has never been paid, the tenantís occupation may not be a tenancy and you could be able to evict him through the courts. However, if for example, the tenant has done repairs or other work to the property, he might claim that this was payment in lieu of rent. If this is the case, and the tenant can prove his tenancy, it will depend on when he took up occupation; if it was between 15th January 1989 and 28th February 1997, then he would have an assured tenancy, and eviction would be very difficult. If commencement was after 28th February 1997, he would by default have an assured shorthold tenancy where eviction would not be such a problem. The only consolation if it is an assured tenancy would be the fact that you could seek payment of a market rent. Further legal advice should be sought in cases like this.
22/11/2007 00:00

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