Tenancy Contract - possible to change it mid-tenancy?

Pheath20

thread details deleted.

Pixie5740

Does this tenant have a regulated tenancy then? If so then no, your mother or someone with PoA can't just change it to an AST.

it would be absolutly ludicrous for the tenant to agree to changing a Regulated Tenancy to an AST.

theartfullodger

Is this you?? Sounds very very similar..
http://www.landlordzone.co.uk/forums/showthread.php?64317-1977-tenancy-act-agreement-residential-landlord

Tenant does not have to agree to any changes to the agreement originally signed:

Is the rent registered?

Key questions, as in LLZ thread

Has your mother always lived in the property since 1985 - apart from holidays, short stays etc ?? If not she may not be a "residential landlord".

What does the agreement say about giving notices by the landlord.

Pheath20

thread details deleted

Pheath20

thread details deleted

Danfuss

Just to be clear, the property owned by the OP’s mother is divided into flats. One is occupied by the LL (mother) and another by her tenant who has a tenancy dating back to 1985?
From this I take it that the flats are and have always been separate, self-contained properties within the building from the beginning of the tenancy, sharing only, say, the access (path, hall, stairs etc) to each? Do they have separate gas/electricity meters, addresses (e.g. 1A and 1B)?
If so, this could IMHO be a regulated tenancy (even given the reference to a ‘resident landlord’). This gives the tenant much greater protection from eviction and means that any increases in rent the LL may request are controlled. (The reference to rent being registered relates to its registration as a ‘Fair Rent’ at the Valuation Office Agency.)
Even if the tenant were unwise enough to agree to a new agreement (AST), it would have no force in law. Any attempt to evict the tenant outside the limited provisions relating to regulated tenancies would fail.
Your mother could consider offering her tenant suitable, equivalent alternative accommodation elsewhere however this would need to be on the same terms (i.e. as the regulated tenancy).

theartfullodger

Agree with Danfoss

If you speak to a solicitor on the matter ensure he is an expert in landlord/tenant matters & regulated/rent act tenancies in particular: I would expect very few solicitors would understand the issues & law on the matter.

I repeat, please:

Has your mother always lived in the property since 1985 - apart from holidays, short stays etc ?? If not she may not be a "residential landlord".

What does the agreement say about giving notices by the landlord.

I hate to raise the matter but, even should your mother die - or sell the place - the tenancy continues on the same terms, indeed I think the new owner has some reduced options compared with the original landlord.

Pheath20

thread details deleted

theartfullodger

Thanks for the other replies...

Pheath20 wrote: »

.........I've just checked more about a regulated tenancy and don't think it can be. Even though the tenancy agreement was signed prior to 1989 the landlord (my mother) lives in the same building (in the upstairs flat) which I believe negates it then from being regulated., is that right? .....

Is it a "purpose built block of flats" or a building converted into flats: This is rather critical..

As I read the legislation - Rent Act 1977 Section 12- see..
http://www.legislation.gov.uk/ukpga/1977/42/section/12

12 Resident landlords.

(1) Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

(a) the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats.......

In your context "dwelling-house" is a flat...

Please let us know.. "purpose-built flats" or not?

You cannot "do something" to change things: ...
a) Tenant does not have to sign a new tenancy of any nature & most of them even if signed & headed "AST" would still be "Rent Act/Regulated"..
b) The tenant's status is the tenant's status: Until a Judge is presented with hard evidence that the signed, agreed and adhered to since 1985 Rent-Act/Regulated tenancy is anything but that, the wise landlord would assume it is a rent-act/regulated tenancy.
c) You/mum can ask tenant to go but he doesn't have to. (I can ask Dave Cameron to emigrate...). Indeed depending on how you asked him it might be construed as unlawful anyway.
d) The tenant's flat is his home - his property(**) - and he's been there so many many years: He has feelings, rights, matters have built up through custom & practice.

Change of ownership, regardless of why, does not change that & for Rent-act/Regulated may make the tenant's position stronger.

What does your mother;s solicitor or your solicitor say on the matter?? Surely someone has looked at the question at least once since 1985...

Is the tenant related or involved in the family at all??

Cheers!

PS Re ** see....
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

Pheath20

thread details deleted

franklee

Given there is potentially a lot at stake here and it's quite specialised I'd suggest what you really need is a solicitor specialising in this area.

It does seem at face value that your mother is a resident landlord but the devil may be in the detail. You clearly need legal advice on how to proceed from there anyway. I do not think you will find that level of reliable expertise on a free forum.

You could try asking on landlord law. Tessa answers unusual questions but you have to get lucky to be answered. Or see if you can get an appointment with a local solicitor.