Very long term tenants and huge rent increase

bap98189

deannatrois wrote: »

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.

I have no idea, I've never previously discussed their financial affairs with them and nor has my OH. We knew they didn't own the house, but had not much of a clue beyond that.

The problem is that the town they have lived in all their lives has incredibly high property prices. You can't rent even a 1-bed flat for the sort of budget they think they may have. Neither of them really understands finance, as they have never had the need to do so. So as you can probably imagine, it's all come as a very big shock to them and they have no clue at the moment what they are going to do.

45002

Quizzical_Squirrel wrote: »

I don't know the legal position and it is upsetting to move but I think it's time they explored other options now.

They've been accepting a huge kindness from this family, who would really benefit from that money now, and it's time to say thank you and move on.

NO way should they move on to benefit the current LL.

Like me, They have right to stay there for as long as they wish to.

If current LL where to sell up they would have the right to stay and there rights as a regulated tenants would carry on with the new LL.

And yes they could claim housing benefit.

bap98189 wrote:

I have no idea, I've never previously discussed their financial affairs with them and nor has my OH. We knew they didn't own the house, but had not much of a clue beyond that.

The problem is that the town they have lived in all their lives has incredibly high property prices. You can't rent even a 1-bed flat for the sort of budget they think they may have. Neither of them really understands finance, as they have never had the need to do so. So as you can probably imagine, it's all come as a very big shock to them and they have no clue at the moment what they are going to do.

I would further advise they contact there local shelter or CAB office for more advice, pointing out they moved in to the current home before 15/01/1989 and they are Regulated Tenants ...

http://scotland.shelter.org.uk/

http://www.cas.org.uk/

RAS

They need to know the Local Housing Allowance for their area. This is for Aberdeen http://www.aberdeencity.gov.uk/council_government/council_tax_benefits/local_housing_allowance/ben_local_house_allow.asp

The LHA is supposed to cover the cost of renting the 30% of cheapest houses in the area. Note as a couple they get a one bedroom rate.

Then go to www.turn2us.org.uk and post in details of their income and work out what help they could get.

So they may have to move but might get some help. if they are of sufficient age, it might be worth asking after social housing for older people (generally restricted to those over 55 years old). In some areas this seems to be relatively easy to get; certainly a lot easier than family accomodation.

[Deleted User]

Some of these over 55 social housing places are quite nice and quite plush.., I'm looking on my councils housing website and some of them are on the edge of the river for about what your OH's parents could afford (but am sure they are due some Housing allowance which will help). I would be very glad to move into one of them if I didn't have children (unfortunately I nearly qualify for the age ha ha).

It will be a big wrench for them to move after so long, bringing up family in the house etc.., but it will also mean less cleaning and heating costs, possibly a warmer place. They might appreciate, as they get older, being on the ground floor too.

theartfullodger

Agree with 45002 etc: Please call Shelter Scotland 0808 800 4444 for advice. And speak with local council.

The rights of such tenants are well described here,...
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/tenancies_that_began_before_1989

It is quite likely landlord/landlady doesn't understand the rights (very strong rights..) of such tenants and needs to have them explain.

Best wishes

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.

My apologies bap98189

I missed that part I highlighted in Bold.

A valid NTQ would have to be served on the tenants 1st (usual 28 days notice)

The LL/Solicitor would have to then go to court and present a case under what grounds should a possession order be granted.

Rent act Scotland 1984/58/schedule/2

Part 1

Grounds for possession, Cases 1 to 10 are discretionary order

Part 2

Grounds for possession, Cases 11 to 21 are mandatory order

IMHO mandatory order would not apply as special notice would have had to be served on the tenants when they 1st moved in.

Which leaves discretionary order, which again is very unlike.

bap98189

If a NTQ is served on the tenants they should seek advice from a Solicitor/ CAB or Shelter office ASAP.


Note.
I edited this post while I look up Act of Parliament for Scotland on possession orders

Possession grounds, Scotland

http://www.legislation.gov.uk/ukpga/1984/58/schedule/2

45002

A valid NTQ 1984 Rent act Scotland is set out here

http://www.legislation.gov.uk/ukpga/1984/58/section/112

theartfullodger

Don't tell the landlord/landlady but Sheriff Courts Act 1907 requires, for an NTQ in Scotland to be valid, for it to be served by Sheriff's officers or recorded-signed for. See if one does arrive, see how it was served and then 'phone Shelter 0808 800 4444 or talk to a solicitor who understands old tenancies (most won't..)

dekoder

I disagree with the advice here. Even though it might be legal to fight rent increase/eviction it's not moral. They have been given huge financial gift over the years and it's time to repay the kindness by accepting rent increase/moving out.
If they don't I hope karma catches up.

red_devil

The homeowner should have made her wishes clear before she became unable to manage her affairs. Its not as if people who own houses dont know they might pass away etc.

get things down in writing.