PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Sitting Tenant of nearly 40 years - harassment advice
Eastcote
Posts: 34 Forumite
My parents have held a private tenancy at their property since 1973 (39 years). In line with The Rent Act, I believe their tenancy is therefore protected.
Over the years, their landlord has tried every trick in the book to get them to leave, a number of which would be considered harassment in a court of law. However the latest attempt appears to be a little more complicated.
Having rented the property off a company in 1973, the freehold was sold on sometime in the early 80s with my parents remaining as sitting tenants. Unfortunately, no rent agreement exists from 1973, but at the time my parents paid a small amount of tax on an outbuilding in the garden as the garden was also considered to be rented to them. In fact, to reduce tax, they wrote to the original landlord sometime in the 70s asking if they could (at their expense) remove the building, and therefore escape tax on this, and it was agreed they could.
Fast-forward to 2012 and the new freeholder (the son of the freeholder who purchased the property in the 80s) is now threatening them with trespass and vehicle removal for a car that is parked in the garden. We've attempted reasonable dialogue to insist that the grounds were rented with the property and have been maintained by my parents for 40 years. Additionally it has been used to park vehicles in since the late 1980s and never has the landlord taken the slightest interest in the garden, until now. We suspect, as it's a maisonette with shops underneath, that the landlord wants to now rent this garden to one of the shops to use for their own car-parking.
Does anyone have any legal understanding on where my parents can turn to for advice. They've spoken to the CAB who has provided them with the contact of a solicitor who is considering their case on a legal-aide basis. But in the interim, I wish to understand their position as best I can so we can address the landlord to finally make him desist from these harassing threats.
Any advice or links to information, that would assist me build up my own case, would be gratefully received.
Over the years, their landlord has tried every trick in the book to get them to leave, a number of which would be considered harassment in a court of law. However the latest attempt appears to be a little more complicated.
Having rented the property off a company in 1973, the freehold was sold on sometime in the early 80s with my parents remaining as sitting tenants. Unfortunately, no rent agreement exists from 1973, but at the time my parents paid a small amount of tax on an outbuilding in the garden as the garden was also considered to be rented to them. In fact, to reduce tax, they wrote to the original landlord sometime in the 70s asking if they could (at their expense) remove the building, and therefore escape tax on this, and it was agreed they could.
Fast-forward to 2012 and the new freeholder (the son of the freeholder who purchased the property in the 80s) is now threatening them with trespass and vehicle removal for a car that is parked in the garden. We've attempted reasonable dialogue to insist that the grounds were rented with the property and have been maintained by my parents for 40 years. Additionally it has been used to park vehicles in since the late 1980s and never has the landlord taken the slightest interest in the garden, until now. We suspect, as it's a maisonette with shops underneath, that the landlord wants to now rent this garden to one of the shops to use for their own car-parking.
Does anyone have any legal understanding on where my parents can turn to for advice. They've spoken to the CAB who has provided them with the contact of a solicitor who is considering their case on a legal-aide basis. But in the interim, I wish to understand their position as best I can so we can address the landlord to finally make him desist from these harassing threats.
Any advice or links to information, that would assist me build up my own case, would be gratefully received.
0
Comments
-
Sorry to read your story:
Suggest you have a look here
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/regulated_tenancies
& call Shelter, **free** helpline, 0808 800 4444 (parents may need to OK you can speak on their behalf...) see...
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline
& re. harassment see...
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord
Rent Act/regulated tenancies is a SPECIALIST AREA & any old local solicitor may not know enough... Shelter may be a better bet..
Re harassment etc get them to take notes (handwritten is fine) - date, time, who, what etc.. and in your shoes I'd write (keep copy) a calm, polite letter requesting stop to the listed harassment..
Best wishes, the landlord sounds like he needs a d**n good kicking...0 -
Thank you for the quick response and superb links. I never realised what it was "Shelter" did and assumed it was a service for the homeless. I will spend some time reading through the information and speak to my parents about calling their advice line.
0 -
How are they communicating with the landlord, in writing only hopefully? Is the landlord keeping up with his repairing obligations, gas safety certificate etc?
Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
How are they communicating with the landlord, in writing only hopefully? Is the landlord keeping up with his repairing obligations, gas safety certificate etc?
Yes, everything in writing. Though the landlord has recently been sending them emails rather than sending via traditional post. I've given them strict instructions not to delete anything though.
The landlord has always been notoriously slow at meeting his obligations. My parents have pretty much renovated the entire house twice over the past 39 years. In that time all they've had from the landlord is double-glazing put in, followed by a swift demand for almost double the rent (which was quashed on fair rent appeal). He also says things like, "I can fit central heating for you, but you'd have to pay a proper rent for the property", they obviously decline.
They have just requested he come and carry out some repairs to the old immersion heater as their hot water isn't working and asked him to undertake a gas safety check, we'll see how he responds to those.
Just for reference it's a 3-bedroom maisonette - which on the private market rents for around £1000-£1100 in their area. They pay over £800 p/m. This was around £400 almost 15 years ago - I've never understood how the rent assessment team have deemed it fair to double the rent in that time, when he's done literally nothing to merit it.0 -
I can't speak highly enough of Shelter. When I was having trouble with my LL last year they went out of their way to give me detailed free advice. I hadn't heard of their service until they were recommended by someone on this site but I would whole-heartedly recommend speaking with them0
-
Yes, everything in writing. Though the landlord has recently been sending them emails rather than sending via traditional post. I've given them strict instructions not to delete anything though.
The landlord has always been notoriously slow at meeting his obligations. My parents have pretty much renovated the entire house twice over the past 39 years. In that time all they've had from the landlord is double-glazing put in, followed by a swift demand for almost double the rent (which was quashed on fair rent appeal). He also says things like, "I can fit central heating for you, but you'd have to pay a proper rent for the property", they obviously decline.
They have just requested he come and carry out some repairs to the old immersion heater as their hot water isn't working and asked him to undertake a gas safety check, we'll see how he responds to those.
Just for reference it's a 3-bedroom maisonette - which on the private market rents for around £1000-£1100 in their area. They pay over £800 p/m. This was around £400 almost 15 years ago - I've never understood how the rent assessment team have deemed it fair to double the rent in that time, when he's done literally nothing to merit it.
Keep dealing with him in writing, and say that you only wish him to communicate in writing not e-mail too. Environmental Health can support on gas safety checks and hot water, these are basic to make the place legally habitable AFAIK. It's worth checking what else they can get involved in/ what else is required to function to make the place legally habitable.
It was your parents decision to renovate the place, unfortunately. Have they thought about going on the council housing list? They might be priority depending on their age, especially if they don't have central heating. No expert on this, just thought it might be worth exploring alongside getting the landlord off their backs.
Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
It was your parents decision to renovate the place, unfortunately.
No, I completely get that. They've never sought anything from him with regards to the interior decoration. It was always understood they were responsible for keeping it clean & tidy and having lived there for so long it's their home and they like to keep it well maintained. My point was that they've spent 40 years maintaining the place without any assistance from the landlord (except when he's legally obliged), yet he goes out of his way to put the rent up as high as he can (understandable in business), but now trying to claim they have no rights to use their garden is just wrong.
He's just an old fashioned bully that wants them out so he can sell for full value. Considering they're close to retiring, it upsets me seeing how honest tenants are treated.
Environmental Health is a good idea, but they have only just contacted him about this to be fair, so we'll give him a reasonable time to respond before looking at enforcement on that.
I don't think they'd ever consider going onto a council waiting list. They're "old school" people who have worked all their life and never looked to the council for "hand outs". Besides this is their family home, myself and my 2 brothers & sister were all brought up there and while it would indeed get him off their back, it really should never have to come to that... Of course, he'd be delighted!0 -
Totally agree he is bang out of order with the bullying and trying to steal the garden. It doesn't matter what your parents are paying they have rights and the landlord should behave professionally. :mad:Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
-
Just for reference it's a 3-bedroom maisonette - which on the private market rents for around £1000-£1100 in their area. They pay over £800 p/m. This was around £400 almost 15 years ago - I've never understood how the rent assessment team have deemed it fair to double the rent in that time, when he's done literally nothing to merit it.
Probably because your parents have renovated it themselves, The rent assessment committee do not care who has paid for the work, they have a formula whereby they set a 'fair' rent, it's quite complicated but generally the worse the state of the place then the less the 'fair' rent will be.0
This discussion has been closed.
Categories
- All Categories
- 347.2K Banking & Borrowing
- 251.6K Reduce Debt & Boost Income
- 451.8K Spending & Discounts
- 239.4K Work, Benefits & Business
- 615.3K Mortgages, Homes & Bills
- 175.1K Life & Family
- 252.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards