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Help with a regulated tenancy
simsyboy
Posts: 28 Forumite
Afternoon all,
The below is for a friend, so I've copied what they said work for word
"I'm after some info on a regulated tenancy. I live in Cardiff and have a tenancy which started in 1985, it was then a two year tenancy and after the two years it's month to month. I've been there now for 30 years, and over the years I've had modest rent increases every two years, which is paid by housing benefit.
Recently my landlord wrote to me to inform me of an increase of £90, from £410 to £500. My housing benefit will be increased but will only cover £414. I'm going to have trouble paying this increase. I've been to CAB, and a lot of it seems to hang on fair rent, but due to the lack of these regulated tenancies, there is no fair rent officer in Cardiff (not to be confused with rent officers who work for council).
Similar size flats in the area can go for around £650 a month, but my flat isn't in the same condition as these. It's self contained 2 bedroom property, but was never properly amended to be a flat (it's a converted house more than a proper flat). It's got maintenance issues throughout the flat, no double glazing, which results in cold air getting in during winter through cracks, there are many other issues, areas the wall crumbles, some leaking when rainy etc. But I've happily lived with these issues, looking after them myself because the rent has been so reasonable. Not if I challenge the new rent, I run the risk of someone coming to set a fair rent, and either putting it eve higher, or saying a lot of work needs to be done to the flat, and if this happens, it could be put up closer to the market £650 amount.
I'm at a bit of a loss and have read so many websites, but can't seem to get any good information, just lots of conflicting information."
Any help would be appreciated, I know it's a complicated one and appreciate any help.
The below is for a friend, so I've copied what they said work for word
"I'm after some info on a regulated tenancy. I live in Cardiff and have a tenancy which started in 1985, it was then a two year tenancy and after the two years it's month to month. I've been there now for 30 years, and over the years I've had modest rent increases every two years, which is paid by housing benefit.
Recently my landlord wrote to me to inform me of an increase of £90, from £410 to £500. My housing benefit will be increased but will only cover £414. I'm going to have trouble paying this increase. I've been to CAB, and a lot of it seems to hang on fair rent, but due to the lack of these regulated tenancies, there is no fair rent officer in Cardiff (not to be confused with rent officers who work for council).
Similar size flats in the area can go for around £650 a month, but my flat isn't in the same condition as these. It's self contained 2 bedroom property, but was never properly amended to be a flat (it's a converted house more than a proper flat). It's got maintenance issues throughout the flat, no double glazing, which results in cold air getting in during winter through cracks, there are many other issues, areas the wall crumbles, some leaking when rainy etc. But I've happily lived with these issues, looking after them myself because the rent has been so reasonable. Not if I challenge the new rent, I run the risk of someone coming to set a fair rent, and either putting it eve higher, or saying a lot of work needs to be done to the flat, and if this happens, it could be put up closer to the market £650 amount.
I'm at a bit of a loss and have read so many websites, but can't seem to get any good information, just lots of conflicting information."
Any help would be appreciated, I know it's a complicated one and appreciate any help.
0
Comments
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either he accepts the proposed rent and pays it making good on the shortfall himself or he challenges it
a fair rent challenge is made by appeal to the Welsh Govt rent officer, patently there must be one covering its capital!!!
http://wales.gov.uk/topics/housing-and-regeneration/welfare-reform/rentofficers/?lang=en
it appears the Shelter Cymru site is down - has he tried phoning them for advice?
http://www.sheltercymru.org.uk
Yes the outcome of an appeal may not be to his liking, life is full of uncertainties. However, given we have only one side of the story it would appear (hardly unexpectedly) that the LL is not prepared to spend money on maintenance given it is a regulated (and so low) rent. Therefore, your friend should be able to show that the condition of the property must count against the proposed rent increase
the whole point of regulated tenancies is they are subject to regulations! If he is not prepared to use the bodies enforcing the regulations then there is no point complaining0 -
OK, thank for you for the information. I'll show them and get her to contact shelter as well. She does want to use the bodies enforcing the regs, it's just weighing the pros and cons of each one with so many variables. Anyway, thanks again, will show her this.0
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simsyboy wrote:Afternoon all,
The below is for a friend, so I've copied what they said work for word
"I'm after some info on a regulated tenancy. I live in Cardiff and have a tenancy which started in 1985, it was then a two year tenancy and after the two years it's month to month. I've been there now for 30 years, and over the years I've had modest rent increases every two years, which is paid by housing benefit.
Recently my landlord wrote to me to inform me of an increase of £90, from £410 to £500. My housing benefit will be increased but will only cover £414. I'm going to have trouble paying this increase. I've been to CAB, and a lot of it seems to hang on fair rent, but due to the lack of these regulated tenancies, there is no fair rent officer in Cardiff (not to be confused with rent officers who work for council).
Similar size flats in the area can go for around £650 a month, but my flat isn't in the same condition as these. It's self contained 2 bedroom property, but was never properly amended to be a flat (it's a converted house more than a proper flat). It's got maintenance issues throughout the flat, no double glazing, which results in cold air getting in during winter through cracks, there are many other issues, areas the wall crumbles, some leaking when rainy etc. But I've happily lived with these issues, looking after them myself because the rent has been so reasonable. Not if I challenge the new rent, I run the risk of someone coming to set a fair rent, and either putting it eve higher, or saying a lot of work needs to be done to the flat, and if this happens, it could be put up closer to the market £650 amount.
I'm at a bit of a loss and have read so many websites, but can't seem to get any good information, just lots of conflicting information."
Any help would be appreciated, I know it's a complicated one and appreciate any help.
As long as the tenant moved in before 15th Jan 1989 and can prove that
You can fill in form RR1 available from here
http://webarchive.nationalarchives.gov.uk/20141002130923/http://www.voa.gov.uk/corporate/_downloads/pdf/RR1-applicationforregistrationoffairrent.pdf
and apply for a rent to be registered under 1977 Rent act.
Once you filled it in Contact VOA
Network support office
[EMAIL="NSOhelpdesk@voa.gsi.gov.uk"]NSOhelpdesk@voa.gsi.gov.uk[/EMAIL]
Telephone: 0300 003 7100
Monday to Friday, 8:30am to 5pm
And ask them where to post the application to or Email it...
A copy of the application will be sent to the LL and Tenant, both parties will be consulted and usual after 28 days, a decision on what the rent should be will be made by the Rent officer/VOA .
A Tennat or Landlord can appeal the decision of Rent officer/VOA, but the Rent officer/VOA will advise you on how to do this....
simsyboy
I would advise that a application is made asap IMHO
I have a regulated tenancy myself and my rent is registered under section 67 of the 1977 rent act as amended.
Having been thought the process several times so I may be able to advises you and your friend further.
http://manuals.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/FairRentRegistration/Application/r-roh-rr1-application.html#P79_797Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
simsyboy
More information
https://www.gov.uk/government/publications/regulated-tenancies
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf
You will need this http://get.adobe.com/uk/reader/
to view pdf/adobe files...Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
"I'm after some info on a regulated tenancy. I live in Cardiff and have a tenancy which started in 1985OK, thank for you for the information. I'll show them and get her to contact shelter as well. She does want to use the bodies enforcing the regs, it's just weighing the pros and cons of each one with so many variables. Anyway, thanks again, will show her this.
Housing Disrepair Cardiff council.
(Private Sector Housing) office on 029 20 871762
[EMAIL="PrivateSectorHousing@cardiff.gov.uk"]PrivateSectorHousing@cardiff.gov.uk[/EMAIL]Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
It seems simsyboy want the disrepair to remain unrepared. Obiously in assessing a fair rent, the Officer will take account of the current condition.
Getting the property improved would improve living conditions and reduce bills (heating etc) but could indeed result in a rent increase.0 -
It seems simsyboy want the disrepair to remain unrepared. Obiously in assessing a fair rent, the Officer will take account of the current condition.
Getting the property improved would improve living conditions and reduce bills (heating etc) but could indeed result in a rent increase.
The rent could ether go up, go down or stay the same ?
My own personal opinion and what OP has posted so far
If a application was sent in Tomorrow
The amount of rent would be reduced IMHO, by how much I couldn't really say !
For reference and just to confuse things even more there the 1999 Capping Order .
This came about as there where several challenges to Rent officer decisions via rent assessment committee and then challenges via High court and Court of Appeal back in the 90's.
Hence Secretary of States made the 1999 order
http://manuals.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/FairRentRegistration/Determination/m-roh-maximum-fair-rent.html
There was challenge to 1999 capping order that ended up in the House of Lords around 2000/2001 and Law lords ruled government had acted fair in bring in 1999 order...The capping provisions do not apply if there is no existing registered fair rent. Neither do they apply where the rent officer considers that:
because of a change in the condition of the property or common parts, and as a result of repairs or improvements (including the replacement of any fixture or fitting) carried out by the landlord,
the rent at the time of the last registration would have been at least 15% more.
It is important to emphasise that the 15% increase test is for increases that are directly attributable to the change in condition of the property NOT due to a change in general rental levels in the market
Even today some RO are making wild decisions and are been appealed !Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
with respect - OP's tenancy is in WALES, so the OP needs to contact the Welsh govt link I gave earlierOnce you filled it in Contact VOA
Network support office
[EMAIL="NSOhelpdesk@voa.gsi.gov.uk"]NSOhelpdesk@voa.gsi.gov.uk[/EMAIL]
Telephone: 0300 003 7100
Monday to Friday, 8:30am to 5pm
the VOA only deal with rent tribunals for England
https://www.gov.uk/government/organisations/valuation-office-agency/about
"Our responsibilities
We’re responsible for:
.....
- determining Fair Rent for regulated tenancies in England"0 -
with respect - OP's tenancy is in WALES, so the OP needs to contact the Welsh govt link I gave earlier
the VOA only deal with rent tribunals for England
https://www.gov.uk/government/organisations/valuation-office-agency/about
"Our responsibilities
We’re responsible for:
.....
- determining Fair Rent for regulated tenancies in England"
Which is why I advised OP to contact
Network support office
[EMAIL="NSOhelpdesk@voa.gsi.gov.uk"]NSOhelpdesk@voa.gsi.gov.uk[/EMAIL]
Telephone: 0300 003 7100
Monday to Friday, 8:30am to 5pm
The law on 1977 Rent act is the same in England and Wales, with minor difference in Scotland and Northern Ireland....Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Which is why I advised OP to contact
Network support office
[EMAIL="NSOhelpdesk@voa.gsi.gov.uk"]NSOhelpdesk@voa.gsi.gov.uk[/EMAIL]
Telephone: 0300 003 7100
Monday to Friday, 8:30am to 5pm
The law on 1977 Rent act is the same in England and Wales, with minor difference in Scotland and Northern Ireland....
fine, he will be given the contact details for the Welsh Govt rent officers as per my link. Why not go round the roundabout a few more times?0
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