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.
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.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Landlord going to increase rent by 25% on my dads house
ch33sl3y
Posts: 17 Forumite
Hi, I'm hoping someone can give us some advice. It's a bit of a story so please bear with me.
My dad lives in a rented house, he has lived in the same landlords properties for over 40 years and in his current house for 18 years. He has no written tenancy agreement and has never had one.
A year or so ago he had a letter through saying the landlord was selling the house and telling him he could have a different house and that he needed to be moved within 1 month. He went to see a solicitor who specialized in rental law (He could get legal aid then) and she told him they couldn't make him move due to the length of time he'd been in the properties. She said he fell under a certain law which meant he has more rights than if he'd just moved into a new rented property. He also told her that in the months previous his rent had been increased by £100 per month. She told him that he shouldn't have paid it... for the same reasons his landlord can only increase his rent by inflation. She sent a letter regarding the house sale and everything was dropped. He never heard anymore about it.
He has now had a letter through saying as of January his rent will be increased by 25%, He is no longer eligible for any legal aid and citizens advice didn't have anyone who knew the specifics of the rental law. On their advice he contacted Shelter who said they were sure he was covered but there is no one there that can speak to him about it.
So, does anyone know anything about the situation. If we know where he stands in the law we can write a letter to the estate agents and proceed from there. I have a feeling that like last time if they realize he knows his rights they will back down immediately.
They clearly want my father out of the house and I guess their plan is to keep hiking the rent until it's unaffordable.
Any advice/help gratefully received
My dad lives in a rented house, he has lived in the same landlords properties for over 40 years and in his current house for 18 years. He has no written tenancy agreement and has never had one.
A year or so ago he had a letter through saying the landlord was selling the house and telling him he could have a different house and that he needed to be moved within 1 month. He went to see a solicitor who specialized in rental law (He could get legal aid then) and she told him they couldn't make him move due to the length of time he'd been in the properties. She said he fell under a certain law which meant he has more rights than if he'd just moved into a new rented property. He also told her that in the months previous his rent had been increased by £100 per month. She told him that he shouldn't have paid it... for the same reasons his landlord can only increase his rent by inflation. She sent a letter regarding the house sale and everything was dropped. He never heard anymore about it.
He has now had a letter through saying as of January his rent will be increased by 25%, He is no longer eligible for any legal aid and citizens advice didn't have anyone who knew the specifics of the rental law. On their advice he contacted Shelter who said they were sure he was covered but there is no one there that can speak to him about it.
So, does anyone know anything about the situation. If we know where he stands in the law we can write a letter to the estate agents and proceed from there. I have a feeling that like last time if they realize he knows his rights they will back down immediately.
They clearly want my father out of the house and I guess their plan is to keep hiking the rent until it's unaffordable.
Any advice/help gratefully received
0
Comments
-
He is likely to have an Assured Tenancy. You can check here.
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker
Note you should use the 18 years in this property - Earlier tenancies are irrelevant.
Shelter also have advice on how rent can be changed in these tenancies
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies
Note that if a tenant starts to pay an increased rent after it has been requested, the law will assume he has accepted/agreed to the new rent.0 -
Wow, thank you... it's that easy. From your link I find my father has a Regulated Tenancy (Because he has lived in the same landlords houses since before 15th January 1989, so earlier tenancies are very relevant) Thank you again. very much appreciated0
-
He has a regulated tenancy and as he can no longer afford legal advice he should speak to his local councillor and get their support/advice/info, I'm guessing your dad is a pensioner..................
....I'm smiling because I have no idea what's going on ...:)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.0 -
It is likely btw that most councillors & solicitors won't understand regulated/rent act tenancies:
You/he could also 'phone Shelter helpline 0808 800 4444 - start by stating it is a "Rent Act" tenancy: Read their info first.
Greedy, bullying landlord...0 -
Hi, I'm hoping someone can give us some advice. It's a bit of a story so please bear with me.
My dad lives in a rented house, he has lived in the same landlords properties for over 40 years and in his current house for 18 years. He has no written tenancy agreement and has never had one.
A year or so ago he had a letter through saying the landlord was selling the house and telling him he could have a different house and that he needed to be moved within 1 month. He went to see a solicitor who specialized in rental law (He could get legal aid then) and she told him they couldn't make him move due to the length of time he'd been in the properties. She said he fell under a certain law which meant he has more rights than if he'd just moved into a new rented property. He also told her that in the months previous his rent had been increased by £100 per month. She told him that he shouldn't have paid it... for the same reasons his landlord can only increase his rent by inflation. She sent a letter regarding the house sale and everything was dropped. He never heard anymore about it.
He has now had a letter through saying as of January his rent will be increased by 25%, He is no longer eligible for any legal aid and citizens advice didn't have anyone who knew the specifics of the rental law. On their advice he contacted Shelter who said they were sure he was covered but there is no one there that can speak to him about it.
So, does anyone know anything about the situation. If we know where he stands in the law we can write a letter to the estate agents and proceed from there. I have a feeling that like last time if they realize he knows his rights they will back down immediately.
They clearly want my father out of the house and I guess their plan is to keep hiking the rent until it's unaffordable.
Any advice/help gratefully receivedWow, thank you... it's that easy. From your link I find my father has a Regulated Tenancy (Because he has lived in the same landlords houses since before 15th January 1989, so earlier tenancies are very relevant) Thank you again. very much appreciated
Hello ch33sl3y
No, I'm afraid it's not that easy "your dad did move within those 40 years"
Just because you dad had the same LL for that period doesn't mean it is still a regulated tenancy !
Can I ask you this
1. Did your dad just move of his own free will 18 years ago to current house .
or
2. Did you dad move 18 years ago by court order using "Suitable alternative accommodation" Case 1 in Schedule 16,1977 Rent act .
If you can answer this question that would be great and will help the reply I can give you, Thank you ...Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Is there a way he could buy the property in question? If he has lived there for the 18 years maybe he could get a bank loan or something and buy the house outright? Just a thought. I wish you and your dad lots of luck. I don't know much about legal issues but I have heard of grandfather laws. That might be something only in the U.S. though.0
-
Hello ch33sl3y
No, I'm afraid it's not that easy "your dad did move within those 40 years"
Just because you dad had the same LL for that period doesn't mean it is still a regulated tenancy !
Can I ask you this
1. Did your dad just move of his own free will 18 years ago to current house .
or
2. Did you dad move 18 years ago by court order using "Suitable alternative accommodation" Case 1 in Schedule 16,1977 Rent act .
If you can answer this question that would be great and will help the reply I can give you, Thank you ...
He moved of his own free will
thank you for all your help/suggestions everyone0 -
Cinderellie74 wrote: »Is there a way he could buy the property in question? If he has lived there for the 18 years maybe he could get a bank loan or something and buy the house outright? Just a thought. I wish you and your dad lots of luck. I don't know much about legal issues but I have heard of grandfather laws. That might be something only in the U.S. though.
Afraid not, He is a pensioner and disabled. Not even wonga would lend to him (probably)0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.4K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.4K Work, Benefits & Business
- 601.2K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards