hello I am a solicitor with over 15 years experience. I will try to help you with this.
can you just confirm that for the past 45 years this house/flat has been your home, which you have had exclusive possession of, with control of who comes into it. How much rent do you pay and is it monthly or weekly?
I confirm it has been my home for the last 45yrs Since May 1969 The rent I pay is £175 per Month. I have accepted all increases in rent without question.
ok thankyou for that. I have to do something now but will answer later this ,orning.
OK I have to go out for a while but will leave P/C switched on. Thank you
I think you may be a regulated tenant. Regulated tenants (also known as 'fair rent' tenants) have stronger rights against eviction than most other private tenants. You are likely to be a regulated tenant if:
you moved in before 15 January 1989, and
you pay rent to a private landlord, and
you have control over your home, so that your landlord and other people cannot come in whenever they want to, and
your landlord does not live in the same building as you, and
you do not receive board or other services such as cleaning.
Some types of tenancy cannot be regulated tenancies.
tenancies where no (or a very low) rent is paid
tenancies of agricultural tenancies or holdings
A regulated tenancy is a tenancy that gives you a legal right to live in your accommodation for a period of time. Your tenancy might be for a set period such as a year (this is known as a fixed-term tenancy). Or it might roll on a week-to-week or month-to-month basis (this is known as a periodic tenancy).
The law gives you rights to:
control your home so that you can stop other people from freely entering
have a fair rent registered and only have your rent increased every two years
get certain types of repairs done
pass your tenancy to someone else in certain circumstances
live in your accommodation until your landlord gets a court order to evict you.
egulated tenants have very strong rights and cannot be evicted without a court order.
You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. Your landlord can only do this if your tenancy is at the statutory stage and if a reason (or 'ground') can be proven. The grounds that your landlord can use are divided into two types, mandatory and discretionary.
If your landlord can prove a mandatory ground for possession the court has to evict you. It is not possible for any of these grounds to be used unless your landlord has already given you notice that the ground may be used. Before your tenancy started your landlord must have told you in writing you may be evicted for one of these reasons:
Your landlord (or a member of your landlord's family) wants to return to live in the property (and lived there previously).
Your landlord wants to live in the property due to retirement.
A minister of religion normally occupies the property and needs to live there.
An agricultural worker normally occupies the property and needs to live there (and you are not an agricultural worker).
Your landlord is in the armed forces and intends to live there upon discharge.
If your landlord is using a discretionary ground for possession the court has to consider whether it is reasonable for possession to be granted to your landlord before an order can be made. The courts have lots of room to decide what is reasonable in a particular case. Your circumstances can be taken into account. Even if the court agrees with your landlord's claim it can decide to:
delay the eviction to give you time to find somewhere else to live
stop the eviction if there are exceptional circumstances
allow you to pay off arrears by installments.
Discretionary grounds include whether:
suitable alternative accommodation is available for you (this could be another private tenancy or council accommodation)
you have rent arrears or have broken your tenancy agreement
you have caused nuisance or annoyance
you have damaged the furniture or condition of the property
you have assigned or sublet the property without your landlord's consent
you are employed by your landlord and the accommodation is required for a new worker
your landlord wants to live in the property.
The long and the short of this is that you appear to be a regulated tenant with a great deal of security of tenure. Your landlord cannot evict you so that he can sell the house. You do not have any right to buy the property but at present your landlord is unable to sell the property with vacant possession.
I hope this answer is helpful but please feel free to ask further questions. I would also be grateful if you would please rate my service as I will not get paid fro my answer if you do not.