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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have lived in my rented property for nearly 18 years ......

Resolved Question:

I have lived in my rented property for nearly 18 years ...... i have no contract but do i have any rights as a sitting tenant
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You moved in 1996 please?
Customer:

yes thats right august 1 1996

Customer:

i have a mail saying i have an answer , where do i find it

Alex Watts : You are a regulated tenant.
Alex Watts : You have significant rights.
Alex Watts : You have a right to
Alex Watts : control your home so that you can stop other people from freely entering
Alex Watts : have a fair rent registered and only have your rent increased every two years
Alex Watts : get certain types of repairs done
Alex Watts : pass your tenancy to someone else in certain circumstances
Alex Watts : live in your accommodation until your landlord gets a court order to evict you.
Alex Watts : Regulated tenants are entitled to fair rents. A fair rent is an amount of rent that a rent officer or a tribunal for rent disputes sets as the maximum that your landlord can charge.
Alex Watts : For more information please see
Alex Watts : http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies
Alex Watts : Can I clarify anything for you about this today please?
Customer:

does this mean that i have a protected tenancy as from what i've read if i have no contract and it wasa 1996 when i moved in that i may have? my worry is that at any point the landlord or his family could sell the house and i'd then be out of my home

Alex Watts : Yes you have a protected tenancy.
Alex Watts : Does that clarify?
Customer:

well i'm hoping that it means i can sleep easier knowing that i will be a little more secure....... i have always paid my rent and kept the house in good repair but constantly worry that if they chose to sell i'd be out , am i safe to think this is not the case

Alex Watts : No, you won't be out. There are only very limited means you can be made to leave.
Alex Watts : Can I clarify anything, if not might I invite you to rate my answer.
Alex Watts : If the system won't let you please let me know.
Customer:

my landlord has told me that he can give me 3 months notice, also that if he dies then his children who would inherit the property would be new landlords and would therefore be able to give me 3 months notice. . . how can i find out for sure

Customer:

is it possible for my landlord to say he has given me contracts or such even though he has not

Alex Watts :

Well no, you always remain a regulated tenant - its not that easy to get you out.

Alex Watts :

Does that clarifty?

Alex Watts :

* clarify *

Customer:

I'm sorry if it seems as though i'm not accepting what your asbe

Customer:

sorry. . . .what your saying i'm just really worried, my son was going to move back in and this is what has brought this situation to a head....my landlord has said if i let him move in i'll get 3 months notice, obviously i shan't let him move in but was just trying to find out my rights so that i can prepare if need be. i feel i should really try and get this checked out soon.


 

Alex Watts :

The Landlord can't just give you notice

Alex Watts :

He needs grounds

Alex Watts :

 



  • your landlord (or a member of your landlord's family in some circumstances) wants to return to live in the property (and lived there previously)

  • your landlord wants to retire to the property

  • 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 a member of the armed forces and intends to live there after discharge.

Alex Watts :

Or

Alex Watts :

 



  • suitable alternative accommodation is available for you (this could be another private tenancy or council accommodation)

  • you have rent arrears

  • you have breached the terms of your tenancy agreement

  • you have caused nuisance or annoyance

  • the furniture or condition of the property has deteriorated

  • you have assigned the tenancy or sublet without the landlord's consent

  • you were employed by your landlord and the accommodation is needed for a new worker

  • your landlord or a member of your landlord's family needs the property to live in more than you do.

Alex Watts :

You are not doing this

Alex Watts :

Can I clarify anything?

Customer:

can you tell me how can i find out if i have this type of tenancy for sure as i know this is not the type of thing i could speak to him about, i assume that i am not allowed to have my son to stay without his permission. my landlord lives 3 house's up the road so knows what i do

Alex Watts :

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Alex Watts :

Does that help?

Customer:

thank you, XXXXX XXXXX a pain

Alex Watts :

If I could invite you to rate my service, if the system wont let you, please let me know

Customer:

i have spent time looking at that site but nothing tells me where to go for this info

Expert:  Ash replied 2 years ago.
Try and rate it now! It should work.

Thanks

Alex
Customer: replied 2 years ago.

i have checked the site and with my details it does say i'm an assured tenant but where do i go to get this confirmed


 

Expert:  Ash replied 2 years ago.
If you move in before the date then you are an assured tenant. You dont have a copy of the tenancy agreement so cant check for sure.

Does that clarify?

Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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