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Landlord going to increase rent by 25% on my dads house
Comments
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A regulated tenancy is set in stone, the only way the rent can be increased is by going through the normal procedures, they will not approve a 25% hike in the rent, be warned, I appealed against a rent officer's decision once when I had a regulated tenant and end up having this reduced by £100 a month. The tenant has since died and no successor so I am now getting nearly 4 times the rent I had then.0
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I refer you to my original post ( 2):He moved of his own free will
thank you for all your help/suggestions everyone
As 45002 says, you cannot use the earlier tenancies in difining the current tenancy.Note you should use the 18 years in this property - Earlier tenancies are irrelevant.
SoMy dad lives in a rented house,[STRIKE] he has lived in the same landlords properties for over 40 years[/STRIKE] and in his current house for 18 years.0 -
http://www.voa.gov.uk/corporate/RentOfficers/fairRent.html
This is where he will find out whether the increase is fair or not. Here is where you get help.
Obviously we have no idea of the rent he is paying just now is fair or too low so we can't say whether 25% is fair or not.
The rent is currently below market value. Originally quite a few years ago the landlord wanted him to have free rent. (He still has the letter from the accountants about it) But dad refused so a lower than normal rent was agreed which has since been increased.0 -
I refer you to my original post ( 2):
As 45002 says, you cannot use the earlier tenancies in difining the current tenancy.
So
The link you sent with a questionnaire to see what type of tenancy you have says:-
Question 3
When did you move into your current home?
1. I moved into my home before 15 January 1989
2. I have moved into a new home but have the same landlord as I did before 15 January 1989
3. I moved into my home between 15 January 1989 and 27 February 1997
4. I moved into my home after 27 February 1997
I answered number 2 and it says he has a regulated tenancy.0 -
A regulated tenancy is set in stone, the only way the rent can be increased is by going through the normal procedures, they will not approve a 25% hike in the rent, be warned, I appealed against a rent officer's decision once when I had a regulated tenant and end up having this reduced by £100 a month. The tenant has since died and no successor so I am now getting nearly 4 times the rent I had then.
Thank you, I appreciate the info.0 -
The link you sent with a questionnaire to see what type of tenancy you have says:-
Question 3
When did you move into your current home?
1. I moved into my home before 15 January 1989
2. I have moved into a new home but have the same landlord as I did before 15 January 1989
3. I moved into my home between 15 January 1989 and 27 February 1997
4. I moved into my home after 27 February 1997
I answered number 2 and it says he has a regulated tenancy.
Number 3 is correct.He moved of his own free will
thank you for all your help/suggestions everyone
As you dad moved then of his of only free will, the regulated tenancy Ended when he moved out 18 years ago....
As long a form s20 was not given to you dad 18 years ago telling him he has a AST !
Then you dad has a Assured tenancy and not a regulated tenancy, sorry.
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies
You dad can challenged any rent increase via Residential Property Tribunal https://www.gov.uk/housing-tribunals/disputes-about-rentyou moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (form s20) saying that you have an assured shorthold tenancy
Your dad will have to contact them http://www.justice.gov.uk/tribunals/residential-property on how to
Believe me ch33sl3y I know about this I'm a regulated tenant myself, have been through 2 sales, 2 new LL's .....Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
No it didn't.As you dad moved then of his of only free will, the regulated tenancy Ended when he moved out 18 years ago.....................
....I'm smiling because I have no idea what's going on ...:)0 -
Number 3 is correct.
As you dad moved then of his of only free will, the regulated tenancy Ended when he moved out 18 years ago....
As long a form s20 was not given to you dad 18 years ago telling him he has a AST !
Then you dad has a Assured tenancy and not a regulated tenancy, sorry.
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies
You dad can challenged any rent increase via Residential Property Tribunal https://www.gov.uk/housing-tribunals/disputes-about-rent
Your dad will have to contact them http://www.justice.gov.uk/tribunals/residential-property on how to
Believe me ch33sl3y I know about this I'm a regulated tenant myself, have been through 2 sales, 2 new LL's .....
OK, thanks for the information. I'll check those links and see how we go. Can I ask though, why give number 2 as a possible answer if it's not a possible answer... if you see what i mean..
Really appreciate your time.0 -
Unless someone understands the rationale for answer 2:2. I have moved into a new home but have the same landlord as I did before 15 January 1989
and knows the legal framework, I'm afraid we're only going to get a number of more or less informed opinions...0 -
As you dad moved then of his of only free will, the regulated tenancy Ended when he moved out 18 years ago....No it didn't.
Incorrect.
The only way the OP dad could still have a Regulated Tenancy,
Is by the landlord using
http://www.legislation.gov.uk/ukpga/1977/42/schedule/16
This grounds for possession was amended by 1988 housing actSuitable alternative accommodation Case 1 in Schedule 16,1977 Rent act
http://www.legislation.gov.uk/ukpga/1988/50/section/34
1988 housing act, S34 New protected tenancies and agricultural occupancies restricted to special cases.
(1) (a) (b) (c) (i) (ii) (iii)
It means that only the Ordinal landlord, a regulated tenancy be transferred and LL must own both buildings, this is done by order of the courts.
I only found out about this via the rent service now called VOA told me this, when my 2nd LL (see bottom of post 17 ) was trying to move me out using Suitable alternative accommodation, this was confirmed by 2 Solicitors i used at the time...
OP did post his dad moved out of his own free will 18 years agoHe moved of his own free will
thank you for all your help/suggestions everyoneAdvice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0
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