90 days notice to tenants with property under a company ownership.

[Amby]

Hi there,

This is my first time on a property forum and would greatly appreciate all the advice and help.

we currently have the most difficult, irrational, rude and aggressive tenants living in our rental property. We have had two successful tenancies in the past each ran for 1.5 years, with no complaints at all, but this one is extremely stressful

Can we give 90 days notice to tenants , for us to move in our property if the property is under a company ownership..? I know you cant give 42 days on a company or a trust ownership to move in as a company /trust doesn't have a family. But isn't the reason same for 90 days notice, (under a company ownership).

Also our earlier notice of 90 days was set aside by adjudicator, stating it as retaliatory. But in the current scenario, we will have a lot of construction work happening at our current property, building contract is ready and the work will start soon and we will have to temporarily move along with our furniture etc, as the house undergoes renovation. Isnt this enough valid reason to give to TT and tenants to give them 90 days notice???

Thanks in advance.

Amby.

[artemis]

I don't know about the 90 days if moving in, but suspect the answer is the same as the 42 days.

How long ago was the retaliatory notice? Can't last indefinitely.

You could call Tenancy Services for advice. It is generally recommended you call at least twice to see if you get the same answer each time. Ask for the supervisor to check as your queries are probably not that common. (Take names and dates.)

[Perry]

Also our earlier notice of 90 days was set aside by adjudicator, stating it as retaliatory.

In retaliation for what?

[FJW]

Hi Amby,

Sounds like a difficult and awkward situation your in?

If a tenant is aggressive and makes any threats against you or your family you can terminate the tenancy under s.55

What tenancy agreement are you on? A fixed tenancy you can't terminate it unless its through mutual agreement or an order through the tribunal.

Any landlord can give their tenants 42 days notice to reside in the property providing they are under a periodic agreement....

F

[Wayne]

Any landlord can give their tenants 42 days notice to reside in the property providing they are under a periodic agreement....

Not if the LL is a company - a company can't 'live' in the house.
TT has ruled on that several times.

[annie brookes]

what about if its a family trust?

[Perry]

Probably be O.K. if it was for a beneficiary or settlor.

[Wayne]

Probably be O.K. if it was for a beneficiary or settlor.

I would suspect not for the settlor if they aren't a beneficiary.

[Keys]

Probably be O.K. if it was for a beneficiary or settlor.

Not at all.

[Perry]

A Trustee, then?

[Keys]

Nope.
(mamc)

[Wayne]

Nope.
(mamc)

Why not?
Trustees, as natural persons, own the property (not the trust) so why can't they 'reside' therefore issue 42 days notice?