Brother renting - has no contract. Better than having one?

buel10

Hi.
As above, my brother has been renting a house for over 15 years. There was never any contract and the rent was dirt cheap as the house was in an awful mess, almost unlivable. My brother and partner have spent thousands over the years to make it livable.
Question - Landlord looks like he is going to double the rent. What are his rights, please (if any)?

_Penny_Dreadful

buel10 said:

Hi.
As above, my brother has been renting a house for over 15 years. There was never any contract and the rent was dirt cheap as the house was in an awful mess, almost unlivable. My brother and partner have spent thousands over the years to make it livable.
Question - Landlord looks like he is going to double the rent. What are his rights, please (if any)?

Assuming your brother is in England he does have a contract, it is most likely a contractual periodic assured shorthold tenancy.

How does the proposed rent compare to similar properties in the area?

theartfullodger

In England a tenancy agreement (contract) does not have to be in writing on paper (bonkers I know, come on England!). Verbal is fine.

But, assuming he moved in after 1997 it almost certainly an AST and the usual way a landlord evicts (s21 notice) will almost certainly not be valid or useable as LL would need a load of other paperwork he won't have. - see -
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

But he's entitled to try to increase rent to "market" rent- either informally ("it's now £2000 a month matey) - which if then paid {doesn't have to be } is agreed - or formally using a "section 13" notice that tenant may appeal against.

You mention brother has done a lot of work on property: Does he have proof landlord agreed to this?? Sounds weird, but if not, landlord could legitimately demand he re-instate things pretty much as they were when they moved in (less expected wear 'n tear).  But to enforce LL would need inventory & photos which I doubt he has. 

theoretica

Dirt cheap for 15 years + necessary cost of making the place liveable - is that more or less than 15 years of market rate rent?  That isn't a legal question - but an emotional one, and whether your brother made a financially wise decision choosing to live there.

Keep_pedalling

Maybe this would be a good time for your brother to offer to buy the property from the LL if he is in a position to do so.

dimbo61

Does the property have Gas supply ? Gas boiler ? Gas fire ? Gas hob ?
How about a valid EPC ?
EICR ?

propertyrental

Yes he has a ontract: he pays rent and receives a property in return. Probably a Montly Contractual Periodic (rolling) AST.

Now see

Post 5: Rent increases: when & how can rent be increased?

brett19852010

buel10 said:

Hi.
As above, my brother has been renting a house for over 15 years. There was never any contract and the rent was dirt cheap as the house was in an awful mess, almost unlivable. My brother and partner have spent thousands over the years to make it livable.
Question - Landlord looks like he is going to double the rent. What are his rights, please (if any)?

You also can consider what is fair. If landlords bills have doubled, and the rent is still below market value, then it might not be a move to profiteer. It depends. Alternatively, as outlined in previous replies, your brother may be able to rely on potential irregularities in landlords paperwork. 

sourpuss2021

It sounds very doubtful that the landlord would have a mortgage in this situation - property in an awful mess, and the tenancy having lasted 15 years.  Quite possibly an inherited property.  But no doubt the landlord has people to support and some hungry mouths to feed.