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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience:  Solicitor with over 15 years experience.
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I have lived in this end terraced property for the last 45

Resolved Question:

I have lived in this end terraced property for the last 45 years. Iam 76 years old. I have never had a tenancy agreement. I have never been a day late with the monthly payment. the ownership of the property has passed through the hands of three members of the same family. My landlord has infomed me that he wants to sell the house. I have tried to buy the house 3 times and the offer was refused despite the fact tht i paid for valuation myselt. Please advise?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

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.

LondonlawyerJ :

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

LondonlawyerJ :

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.

These include:

  • business tenancies

  • tenancies where no (or a very low) rent is paid

  • tenancies of agricultural tenancies or holdings

  • college accommodation

  • holiday lets.

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.

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.

Mandatory grounds

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.

Discretionary grounds

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.

LondonlawyerJ :

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.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience: Solicitor with over 15 years experience.
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