Very long term tenants and huge rent increase

bap98189

I suspect the answer is there is nothing that can be done, but would be interested in any advice people can offer in case I am wrong.

My OH's father and his wife (Mr&Mrs live in Scotland and have have rented the same house for about 30(ish) years. During that time their landlady has only ever increased the rent once, probably because she and Mrs B were friends, but also because they looked after the house as if it were their own. As a result they have been paying a rent of about £250 a month for almost 30 years, and been treating the house as if they owned it. Over the years they have installed a new kitchen/bathroom, carried out or paid for maintenance and repairs to the roof and such like.

Nobody can recall there ever being a formal tenancy agreement, and if there was it has most likely been lost.

The problem is that the woman who owns it is unwell, has been taken into care, and a power of attorney granted to her daughter regarding her financial affairs. The daughter is unhappy that so little rent has been paid over the years, and wants to increase the rent to a market value, which she claims would be £1400 per month. I had a look on a couple of letting agency websites and her valuation may not be too far fetched - there are similar-sized houses asking upwards of £1300 a month.

Having retired a couple of years ago, Mr & Mrs B cannot afford this. From talking to them, it sounds like they will struggle to pay more than about £500 a month. The daughter has therefore said she will be evicting them immediately.

I assume that she would have every right to evict them (so long as she does it properly) and re-rent it for whatever amount she wants. Is my assumption right or is there any other avenue they could pursue? If there isn't then they are going to have to leave the area and move to another town as £500/month where they have lived all their lives won't even rent you a shed.

tom9980

Note this is SCOTLAND everyone.

You will need to give an exact date they moved into the property because it may be a regulated tenancy? http://www.gov.scot/Publications/2006/03/16093517/4

From a moral point of view if that £1300 a month is indeed fair rent that's about a weeks care in a home so will go a long way to providing the old lady with the help she needs. It is clear that the tenant has benefited significantly from the generosity of the landlord over a significant time and they really should have saved and invested this saving but it seems they have not. The daughter of the Landlord has a legal responsibility to use the assets to help keep her mother so i wouldn't blame her for wanting market rent.

moneyistooshorttomention

The daughter may have found herself between a rock and a hard place, ie wanting to do what her mother would want (ie continue charging an unrealistically low rent) on the one hand v. the mothers care home costs have to be met from somewhere and the rent on her house is the obvious place to meet it from.

I would think the most realistic option is to find out what the chances are in that area of getting Council or Housing Association accommodation instead.

45002

bap98189 wrote:

I suspect the answer is there is nothing that can be done, but would be interested in any advice people can offer in case I am wrong.

My OH's father and his wife (Mr&Mrs live in Scotland and have have rented the same house for about 30(ish) years. During that time their landlady has only ever increased the rent once, probably because she and Mrs B were friends, but also because they looked after the house as if it were their own. As a result they have been paying a rent of about £250 a month for almost 30 years, and been treating the house as if they owned it. Over the years they have installed a new kitchen/bathroom, carried out or paid for maintenance and repairs to the roof and such like.

Nobody can recall there ever being a formal tenancy agreement, and if there was it has most likely been lost.

The problem is that the woman who owns it is unwell, has been taken into care, and a power of attorney granted to her daughter regarding her financial affairs. The daughter is unhappy that so little rent has been paid over the years, and wants to increase the rent to a market value, which she claims would be £1400 per month. I had a look on a couple of letting agency websites and her valuation may not be too far fetched - there are similar-sized houses asking upwards of £1300 a month.

Having retired a couple of years ago, Mr & Mrs B cannot afford this. From talking to them, it sounds like they will struggle to pay more than about £500 a month. The daughter has therefore said she will be evicting them immediately.

I assume that she would have every right to evict them (so long as she does it properly) and re-rent it for whatever amount she wants. Is my assumption right or is there any other avenue they could pursue? If there isn't then they are going to have to leave the area and move to another town as £500/month where they have lived all their lives won't even rent you a shed.

IMHO you should do this

As long as the Tenants moved in before 15/01/1989, It will be a Regulated tenancy

http://www.gov.scot/Topics/Built-Environment/Housing/privaterent/tenants/money/fairrent

You can apply now for a fair rent to be registered by filling in form RR1 http://www.gov.scot/Resource/Doc/1035/0063133.pdf

and post it to

Rent Service Scotland

2nd Floor Endeavour House
1 Greenmarket
Dundee DD1 4QB
Telephone: 01382 427555. Email: [EMAIL="rrs.dundee@scotland.gsi.gov.uk"]rrs.dundee@scotland.gsi.gov.uk[/EMAIL] Fax: 01382-427527
Hours of business: Monday-Thursday: 9am to 4.30pm Friday: 9am to 4pm


I would contact them 1st by phone or Email to confirm there address is correct above.

Just to point out the Rent officer, could set a lower, higher rent or stay the same

bap98189

tom9980 wrote: »

Note this is SCOTLAND everyone.

You will need to give an exact date they moved into the property because it may be a regulated tenancy? http://www.gov.scot/Publications/2006/03/16093517/4

Thank you for the reply. I doubt that anyone will know the exact date they moved in, but it was certainly before 1989. But having read that article you posted, it looks like all the landlord has to do is give them the required notice to quit and there is nothing they can do about it anyway.

As I understand it, the lady is not in a home, but that is irrelevant. You are correct they should have planned for their financial futures better, but they didn't. I assume they just assumed they would be able to live in the same house, paying the same rent, for the rest of their lives, which is clearly not the case.

45002

bap98189 wrote:

Thank you for the reply. I doubt that anyone will know the exact date they moved in, but it was certainly before 1989. But having read that article you posted, it looks like all the landlord has to do is give them the required notice to quit and there is nothing they can do about it anyway.

As I understand it, the lady is not in a home, but that is irrelevant. You are correct they should have planned for their financial futures better, but they didn't. I assume they just assumed they would be able to live in the same house, paying the same rent, for the rest of their lives, which is clearly not the case.

IMHO ...

I would advises they apply to have a Fair Rent registered, ASAP

Do it Today, don't delay....

My rent is registered as a fair rent in England and it was the best decision I ever made.

Note. there is some difference in law when it comes to 1977 Rent act and 1984 Rent act Scotland

bap98189

45002 wrote: »

IMHO ...

I would advises they apply to have a Fair Rent registered, ASAP

Do it Today, don't delay....

Sorry if I am asking a silly question, but how would that help? Would that not just set the fair rent at something like market value? The £1400/month being asked for may be a little excessive, but even if it is set at say £1200, it won't help.

45002

bap98189 wrote:

Sorry if I am asking a silly question, but how would that help? Would that not just set the fair rent at something like market value? The £1400/month being asked for may be a little excessive, but even if it is set at say £1200, it won't help.

As a Regulated Tenant myself

It would stop any future huge Increase in rent, current LL could sell up and new landlord tries to increase rent.

This is what 2 different solicitor specializing in housing law advised me to do some time ago having a registered rent.

Just to point out the Rent officer, could set a lower, higher rent or stay the same.

If the Tenants/LL disagreed with Rent officer they can appeal the decision.

Applying for a fair rent or appealing against rent officer decision is Free anyway...

Heliflyguy

bap98189 wrote: »

Sorry if I am asking a silly question, but how would that help? Would that not just set the fair rent at something like market value?

Which is exactly what happened to a member of my family who was a regulated tenant.

[Deleted User]

Could these people not get Housing Benefit/Housing allowance to make up some of the shortfall?

However, if they live alone, it might be best to think of downsizing.

45002

There No paper work/Tenancy agreement, what happens if LL wants to sell up.

No one really knows what the rent officer would set the rent at !

Nothing stopping current LL or new LL applying for a rent to be registered themselves at £1300/£1400 per month !


Rent officer could set a lower, higher rent or it stays the same.

If the Tenants/LL disagreed with Rent officer they can appeal the decision.

Applying for a fair rent to be registered and appealing against rent officer decisions is Free.