Tenancy Agreement

Jonathan1205

Hi Everyone

Myself and my dad live at property. We move to this property in 1996 and hold assured tenancy. Tenancy agreement states that Mr and Mrs X and x children as tenants. My parents divorced 2 years ago. My mum now moved out. We have informed this to our landlord . They say that they want make my dad as tenant. They want make children as occupants. My parents always wanted children to be tenants and that’s why they included us as tenants. Landlord signed the contract in 1995 and up until recently they didn’t raised this as issue or try to remove children from tenancy. I spoken to citizens advice and shelter, they say that occupants has no rights and landlord likely repossess the house in event of my dad death. Now they made tenancy without children on their accord without our agreement or signature.

Is it legal for landlord to remove tenant from tenancy? In my eyes this breech of my tenancy agreement. I was wondering if anyone has any advice for me.

Many Thanks

Jano

tacpot12

You need to take the tenancy agreement to a Shelter drop-in for them to review it and tell you whether your mother and father were holding the tenancy in trust for the children.

System

Jonathan1205 wrote: »

Hi Everyone

Myself and my dad live at property. We move to this property in 1996 and hold assured tenancy. Tenancy agreement states that Mr and Mrs X and x children as tenants. My parents divorced 2 years ago. My mum now moved out. We have informed this to our landlord . They say that they want make my dad as tenant. They want make children as occupants. My parents always wanted children to be tenants and that’s why they included us as tenants. Landlord signed the contract in 1995 and up until recently they didn’t raised this as issue or try to remove children from tenancy. I spoken to citizens advice and shelter, they say that occupants has no rights and landlord likely repossess the house in event of my dad death. Now they made tenancy without children on their accord without our agreement or signature.

Is it legal for landlord to remove tenant from tenancy? In my eyes this breech of my tenancy agreement. I was wondering if anyone has any advice for me.

Many Thanks

Jano

It would all depend on whether you were named as tenants or as permitted occupiers. You say children but if you were under the age of 18 when you moved in and living with parents you would never have been named as tenants in the first place.

Jonathan1205

Thank you for your responses. I spoken to my landlord, he claims that it was mistakes include children.

bris

Jonathan1205 wrote: »

Thank you for your responses. I spoken to my landlord, he claims that it was mistakes include children.

His words, the tenancy will be legally binding mistake or not if it written in the tenancy it's valid.


As already told take it to a legal expert, CAB or Shelter. We can't tell you about something what we can't see.

Cakeguts

Since this is an assured tenancy are you living in a housing association property?

45002

Cakeguts wrote:

Since this is an assured tenancy are you living in a housing association property?

Assured tenancy can be with private landlords too with a slight difference

Assured Tenancy ?

You moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (section 20) saying that you have an assured shorthold tenancy.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

If a section 20 notice was Not issued at the start of the tenancy, LL cant evict using a s21.

About 3/4 down this page http://www.legislation.gov.uk/uksi/1988/2203/schedules/made

FORM No. 7
Housing Act 1988 section 20 Notice of an Assured Shorthold Tenancy

If one of theses notices was served on tenant when the tenancy 1st started and LL would have to prove this in court, then they can use a s21.

http://www.legislation.gov.uk/ukpga/1988/50/section/20

1988 Housing act
Section 20
(2)
(b) is served before the assured tenancy is entered into




Forgot to add.

Son may have succession right to the tenancy, this would need to be checked by a solicitor.

http://england.shelter.org.uk/legal/security_of_tenure/assured_tenancies/assignment_and_succession_assured_tenancies




.....

Jonathan1205

Thank you for your all your reply. I will try and speak to shelter today. I don’t think there is drop in centres near by. So I will call them. Friends of mine suggested our MP also can help. If that fails, then solicitor ( as suggested above)

I am living in assured tenancy and live at housing association property.

I understand that children age doesn’t matter. If they are named as tenant, tenancy has to be held in trust for the child.

[Deleted User]

Jonathan1205 wrote: »

Thank you for your all your reply. I will try and speak to shelter today. I don’t think there is drop in centres near by. So I will call them. Friends of mine suggested our MP also can help. If that fails, then solicitor ( as suggested above)

I am living in assured tenancy and live at housing association property.

I understand that children age doesn’t matter. If they are named as tenant, tenancy has to be held in trust for the child.

Did it have your names or "children" as the latter doesn't name you as a tenant

Jonathan1205

Our tenancy states “Mr and Mrs X And x children” as tenants. Does not include children’s names.

45002

Jonathan1205 wrote:

Our tenancy states “Mr and Mrs X And x children” as tenants. Does not include children’s names.

From reading All your threads are you the Father or Son ?

If no new TA has been signed since 1995 the assured tenancy should just carry on under your father's name and eldest child may have succession right to the tenancy IMHO.

This would need to be checked out by a solicitor.