The tenant farming commissioner today posted a brief blog post highlighting one of the more difficult situations he encounters in his role: the breakdown of the relationship between landlord and tenant stemming from disagreement over secure 1991 Act tenancies.
As noted by the commissioner, 1991 Act tenants are in a strong position with security of tenure. This can cause tension, should the landlord ever wish to regain vacant possession of the property.
If agreement can be reached, with adequate compensation paid out, there may be a satisfactory outcome for all parties. As the commissioner points out, a tenant wishing to retire may look at compensation quite favourably.
However, if no agreement can be reached, and the landlord is unwilling to accept that the tenant ultimately has security of tenure, this can create animosity with life made difficult of the tenant.
Unfortunately, we do see situations like this arise. The commissioner's blog post is a timely reminder to seek advice before relations get to this stage. Seeking advice early, from the outset, may be help avoid the pitfalls which can cause landlord and tenant relationships to breakdown.
The Tenant Farming Commissioner, Bob McIntosh, blogs about his work improving relations between tenants and landlords: ...However, one of the most unsatisfactory situations I encounter in my role as Tenant Farming Commissioner is that where the landlord is unable to agree a deal with the tenant over relinquishment of the tenancy and resorts to making life as difficult as possible for the tenant in the hope that they will agree to leave.All this normally achieves is increasing antagonism and mistrust, a complete breakdown of the landlord/tenant relationship and an increasing propensity to resort to litigation in order to resolve disputes. This is not the way to deal with this issue and it is to be hoped that landlords and tenants can arrive at sensible arrangements to protect the interests of both parties.