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What
is a Protected Tenancy Agreement?
UK Tenancies - Protected Tenants PART 2
Do you have
a protected tenancy (also known as a regulated tenancy)
or you are taking over a rental property with
protected tenants? Learn how to handle this tricky type of lease
effectively in this Part
2 of our UK tenancies Guide.
Do you know
what are the important basics and features of a protected lease? If No,
Click
here for Part 1
of this Protected / Regulated Tenancy Guide.
What
are the
Cases Where the Courts MUST Evict Your Tenant?
Although
your tenant has considerable protection against
eviction, these are the more common cases where the UK courts must
evict them:
- You are the
landlord and you intend to use the rental property as your
retirement home
- You are the
landlord and you rented out your property with the stated intention
that you intend to live there again in the future
- Your rental
property was rented out on a protected shorthold lease (for
1 to 5 years) and the lease period has expired
When Can
You Apply for a Court Order to Evict Your Tenant?
You can apply to the courts for a possession order to evict your
tenants if your case is
similar to the ones listed below. Whether you will be granted a court
order to evict your tenants will be decided by the courts. If there is
an alternative place for your tenant to stay, it will boost your
chances of evicting them successfully:
- Your tenant
broke the terms of your rent agreement. If the breach was
serious or your tenant is a repeat offender, it will improve your
chances of getting a court order.
- Your tenant
is unable or unwilling to pay his rent
- Your
tenant used of your rental property for illegal purposes
such as turning it into a gambling den
- Your tenant
damages your rental property or its home contents
- Your tenant
harasses his neighbours or is health / safety hazard to them
Remember you can only remove your tenant with a court order - Resorting
to other means such as threats, violence or cutting off the utility
supply is a criminal offence and you may land yourself in hot soup.
What
will Happen After Your Protected Tenant Passes Away?
What makes a protected / regulated tenancy agreement different from
most types of
lease is the fact that it comes with succession rights. This means if
your tenant dies, his spouse or family member who has been
living with
him for at least 6 months will inherit his protected lease.
The rental terms and conditions for the new tenants remains
the same. This will include the maximum amount of rent that you can
charge as a landlord.
Want to learn MORE practical must-know
facts on the
right tenancy type for you?
Return from
this Protected Tenancy Agreement UK page to our Types
of Tenancy Agreements guide
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