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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife an I live in a private school rented property with

Customer Question

My wife an I live in a private school rented property with a low monthly rent and have been since 1988 so assume I am in a protected tenancy. The school wish to increase the rent by 3 and to convert me to an AST. Can they without my agreement.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
No.as an assured short hold tenant you have a lot of rights, they can't make you give it up. They can't also put up your rent a lot. It can only be fair rent. If they try to you can appeal to a tribunal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you. Fantastic! Just to add detail in case it alters anything. They have moved me twice into other but equivalent acommodation but I assume this will not matter as I was still employed by them. I am also assuming that my employment with them will not make much difference until I elect to leave the job. They also agreed that, very recently, I could work part time - 3 days a week. These issues should not affect the rental tenancy I have with the school.
Expert:  Ash replied 1 year ago.
No that is right,
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes. This is a tremendous weight off my mind and I am very grateful for your help. If anything comes to mind later I will contact you again. I have a meeting tomorrow but I don't think they realise the type of tenancy I have. Thank you once again.
Expert:  Ash replied 1 year ago.
Good luck
Alex.
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Customer: replied 1 year ago.
Cannot have that! Money well spent to me.Best wishes
Customer: replied 1 year ago.
Help - again. I have just spotted in my original contract of employment I signed 1988 a section called 'Licence to Occupy Accommodation.' Section 2 says "The Accommodation shall be personal to the Teacher who shall occupy it without payment (I do pay rent and always have done) - save only for gas or consumed and telephone charges incurred - as a service licensee and not as a tenant."Does this mean what I think? That I am not a protected tenant? Apologies for not seeing this before. However a quick hunt round the internet does seem to offer varying opinions and rulings leaving me confused and worried - again!
Expert:  Ash replied 1 year ago.
Ah. This appears to be a licence, which means you have no protection. So if you leave I think y will be asked to leave and therefore the license will end.
Alex
Customer: replied 1 year ago.
So despite various discussions and cases - street v Montford I have been reading for example, means that the fact that I signed the contract makes it binding.I also found this: Lord Templeman stated: it was emphasized that merely calling something a licensee does not necessarily make it one. Instead the reality of what had been agreed had to be discerned. What distinguishing a tenancy from a licensee was that in reality a tenant enjoyed exclusive possession of the property occupied (right to exclude others) whereas licensee does not.I do have exclusive use of the property.My contract actually goes on to say "The teacher shall not, without the consent of the employer, permit any other person to occupy the Accommodation with the Teacher other than the Teacher's spouse and unmarried children. Or am I now starting to clutch at straws?
Expert:  Ash replied 1 year ago.
Indeed. I am not saying it's impossible it's just very hard. I agree in that a licence is not a licence just because it's called that. You have a complex legal argument up ahead.
Alex
Customer: replied 1 year ago.
Thanks for your reply - I suspected as much! A lot of stress and legal fees which as a teacher I can ill afford.Thank you for your help once again. I will hunt for a solicitor near me.Best wishes, Marcus
Expert:  Ash replied 1 year ago.
Best of luck
Alex

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