Sitting tenant new landlord advice please

Jonny_Wills

Hi Guys

I've rented my flat for 25 years since 1996. Firstly from my original landlord under the usual tenancy agreement.
Then to his nephew  five years ago.
Never signed anything with his nephew as I didn't trust  him.
As with uncle we had the usual landlord/tenant disputes of them not doing any work on the flat while I did it at minimal compensation then rent increases!

Anyway I'm a sitting tenant I believe.
The nephew has just sold the leasehold and told me I've 'nothing to worry about'. I don't trust him of course. My rent was argued about over five years ago and fixed at 750 pcm.
It's still the original kitchen and bathroom and rubbishy old boiler etc, so I believe that's right.

What are my rights please? Any good links?
Can I be evicted?
Can I offer a deal to move, say, ask for £50K?
Do I have to sign any new agreements by law?

Cheers in advance

Slithery

Did the nephew provide you with the legal documentation required for a change of landlord?

If not then you could have withheld all rent until they complied (Landlord & Tenant Act 1985 Section 3)...

https://www.legislation.gov.uk/ukpga/1985/70

The same thing applies to your new landlord.

For a start please read the obligations that a LL has to follow...

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants/p1

theartfullodger

Withholding rent is s48.  S3 is fines and criminal offence.

New owner carries on as landlord same tenancy, same terms  (he should serve notice(s) also).  He undoubtedly wants to evict you, probably unable to serve valid notice.  See what he does.

You do not have to agree to any new tenancy nor any changes to your tenancy (other than change of landlord).

For unbiased help 'phone experts, Shelter, 0808 800 44444

canaldumidi

What are my rights please? Any good links?
Can I be evicted?
Can I offer a deal to move, say, ask for £50K?
Do I have to sign any new agreements by law?

You can check what type of tenancy you have (and therefore what rights) here:

https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_rights_checker

Eviction depends on factors like tenancy type (check above), and what has been agreed between you & LL, either verbally or preferable in writing.

You can certainly offer a deal, but whether the LL is likely to agree will depend on the strength of your position ie answers to Qs above!

No, you donot have to sign a new agreement. Your exissting agreement (whatever it is) continues just with a new LL.

The Landlord & Tenant Act 1985 S3 requires new LLs to inform you in writing of their details. Criminal offence not to, enforced by councl(probably Trading Standards or Private Tenancy Officer))

The Landlord and Tenant Act 1987 S48 requires all LLs in Eng/Wales to provide you an address in Eng/Wales 'for serving notices on the LL'. If not, rent is not due.

45002

Jonny_Wills said:

Hi Guys

I've rented my flat for 25 years since 1996. Firstly from my original landlord under the usual tenancy agreement.
Then to his nephew  five years ago.
Never signed anything with his nephew as I didn't trust  him.
As with uncle we had the usual landlord/tenant disputes of them not doing any work on the flat while I did it at minimal compensation then rent increases!

Anyway I'm a sitting tenant I believe.
The nephew has just sold the leasehold and told me I've 'nothing to worry about'. I don't trust him of course. My rent was argued about over five years ago and fixed at 750 pcm.
It's still the original kitchen and bathroom and rubbishy old boiler etc, so I believe that's right.

What are my rights please? Any good links?
Can I be evicted?
Can I offer a deal to move, say, ask for £50K?
Do I have to sign any new agreements by law?

Cheers in advance

Do not sign any new tenancy agreement.

Any rent increase you can challenge https://england.shelter.org.uk/housing_advice/private_renting/how_to_challenge_a_rent_increase

Your Tenancy on the information you posted you have a

Assured Tenancy. AT.

https://england.shelter.org.uk/housing_advice/private_renting/assured_tenancies

If 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

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

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

Then it would be a Assured Tenancy.

If one of these notices s20 was served on tenant when the tenancy 1st started and LL would have to prove this in court, Its a AST and LL can use a s21 notice

https://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.

If a LL gets a Assured Tenant to sign a AST, Signing a AST does not take way the rights of AT.

Read case law Kahlon v Isherwood.

https://www.bailii.org/ew/cases/EWCA/Civ/2011/602.html

steampowered

The new landlord could give you 2 months' notice to leave. Known as a s21 notice.

That's the way it works in the UK unfortunately. Unlike the law in pretty much every other country in Europe, even long serving tenants such as yourself can be asked to leave with pretty short notice. 

There are all sorts of reasons why a s21 notice could be invalid. For example a s21 notice can be invalid if you haven't been given an EPC. It doesn't sound like the landlord bothered to comply with any of the more recent laws so I suspect there are a number of reasons why any s21 notice would be invalid.

So, if the new landlord did want to evict you, you could challenge it and drag it out for a long time. Though they'd be able to get you out eventually. 

You could absolutely offer a deal in return for moving without hassle. £50k is unrealistic. 3-6 months rent perhaps? 

45002

steampowered said:

The new landlord could give you 2 months' notice to leave. Known as a s21 notice.

That's the way it works in the UK unfortunately. Unlike the law in pretty much every other country in Europe, even long serving tenants such as yourself can be asked to leave with pretty short notice. 

There are all sorts of reasons why a s21 notice could be invalid. For example a s21 notice can be invalid if you haven't been given an EPC. It doesn't sound like the landlord bothered to comply with any of the more recent laws so I suspect there are a number of reasons why any s21 notice would be invalid.

So, if the new landlord did want to evict you, you could challenge it and drag it out for a long time. Though they'd be able to get you out eventually. 

You could absolutely offer a deal in return for moving without hassle. £50k is unrealistic. 3-6 months rent perhaps? 

Incorrect, a s21 notice cannot be used on a Assured tenancy, OP does not have a AST.

Robbo66

45002 said:

Jonny_Wills said:

Hi Guys

I've rented my flat for 25 years since 1996. Firstly from my original landlord under the usual tenancy agreement.
Then to his nephew  five years ago.
Never signed anything with his nephew as I didn't trust  him.
As with uncle we had the usual landlord/tenant disputes of them not doing any work on the flat while I did it at minimal compensation then rent increases!

Anyway I'm a sitting tenant I believe.
The nephew has just sold the leasehold and told me I've 'nothing to worry about'. I don't trust him of course. My rent was argued about over five years ago and fixed at 750 pcm.
It's still the original kitchen and bathroom and rubbishy old boiler etc, so I believe that's right.

What are my rights please? Any good links?
Can I be evicted?
Can I offer a deal to move, say, ask for £50K?
Do I have to sign any new agreements by law?

Cheers in advance

Your Tenancy on the information you posted you have a

Assured Tenancy. AT.

https://england.shelter.org.uk/housing_advice/private_renting/assured_tenancies

If 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

You're making the assumption that the S20 wasn't served, it could well have been, in which case its is an AST.

given the timescales involved the OP is best off seeking professional help from a solicitor or indeed shelter

theartfullodger

Agree with 45002: Even if an s20 notice was served (unlikely) very probably the landlord (who isn't the original landlord- he's the nephew) will have no proof of this. 

So any court, properly briefed, would treat it as an AT not AST so S21 always invalid.

theoretica

Why would someone buy a leasehold with a sitting tenant?  Seems to me there is a chance that it will have been bought by someone who wants to be a landlord - might even do some updating and care of the property for going rate of rent.  Or if the nephew, as you fear, has sold to someone who thinks they can get you out the chances are fairly good the new landlord won't be all that clued up on tenancy law etc and what would be necessary to do that legally.  The charity Shelter has good resources for dealing with that situation.

theartfullodger

The buyer is either ignorant of the legal position (optimism triumphing over reality) or taking a long-term bet that eventually tenant will depart.  

There are those who buy old "rent act" tenancies.