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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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I've been a tenant with a fully mutual housing co-operative

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I've been a tenant with a fully mutual housing co-operative in London since October 1987. I pay a registered Fair Rent and have a tenancy agreement. Do I have a Regulated Tenancy?
Customer: replied 2 months ago.
My question has, say your help desk, already been dealt with, the answer just not emailed me, so emailing the answer is what I'd be after.
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Customer: replied 2 months ago.
Hi Nicola, thanks for replying. I'm happy to continue waiting for an answer. A UK housing law expert is what you're after to answer my question!
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We will continue to look for a Professional to assist you.
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Customer: replied 2 months ago.
How long will that take?

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

I need a little more information please.

Can you tell me the name of the housing co-operative. When you say fully mutual does that mean that you, and all other tenants are members of the co-op?

Dos your tenancy agreement describe itself as a Rent Act/Tenancy/ Protected Tenancy or anything similar?

Customer: replied 2 months ago.
Thanks, ***** ***** Housing Co-op. I'm not sure what fully mutual means. The co-op became fully mutual in the 1980s or 1990s to stop Right-to-Buy and losing properties. Shelter first told me that I had a Secure tenancy because FPHC was registered with the Financial Conduct Authority, but retracted that because FPHC was a Social Landlord. Since then I've heard that anyone in England registered for and paying Fair Rent, like I am, would have a Regulated tenancy. Can you confirm this, please?
Customer: replied 2 months ago.
My tenancy agreement describes itself as an agreement between FPHC and the tenant. Would you like a copy?
Customer: replied 2 months ago.
I am indeed a member of FPHC, and have been since 13th February, 1983. FPHC actually became fully mutual after this. Do you need to know when, exactly?
Customer: replied 2 months ago.
Urgent! Please answer the three questions, "Can you confirm this, please?", "Would you like a copy?" and "Do you need to know when, exactly?" to prove you are a real person and not a bot.

Hello, This is not a simple question and I am going to have to do some research. I Think you are probably a protected tenant but regulated tanancies are restricted to the private sector, HA's do not usually come under this.

Please send me a copy of the tenancy agreement.

Apologies fro the delay but I have to fit these answers around my practice and sometimes urgent work comes up.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 847
Experience: Solicitor with over 15 years experience.
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Customer: replied 2 months ago.
No worries. Thanks for your reply. I attach my tenancy agreement>
Customer: replied 2 months ago.
That's fine, except I appeared to close the question in doing so! I still definitely need to know whether I have a Regulated tenancy.
Customer: replied 1 month ago.
How is it going with answering my question, which is now getting on for being a month old.
Customer: replied 1 month ago.
I've been waiting for six weeks for an answer to my question.
We apologize for the amount of time it has taken to receive a response. We are in touch with the Expert and we are trying to get your answer as soon as possible.
Thank you for your patience,
Oleksandra-Moderator
Customer: replied 1 month ago.
Great, I hope I get an answer soon!

I apologise for the delay. Your question disappeared for a while and I have not been on the site for a while.

This is not straight forward but I think the answer is this. Section 15 & 16 of the Rent Act 1977 makes it clear that protected tenancies cannot be granted by Housing Associations or Housing Co-operatives.

Assuming your landlord is a registered social landlord what you have is s probably a secure tenancy. This is a very highly protected tenancy. The tenancy is also described as a secure tenancy on page 1 of the tenancy

Your tenancy agreement also specifies that you can only be evicted on grounds under schedule 4 Housing Act 1980. These are secure tenancy grounds.

So, not rent Act protected tenancy but probably a Secure Tenancy. ie a tenancy for life ( and that can pass after death in some circumstances) with a social rent.

Customer: replied 1 month ago.
not a Regulated tenancy, but a Secure tenancy. That's good to know. Thanks for your help.