Am I an assured tenant?

CARRIE36

I have lived with my parents in a private rented house for 55 years. There was no written rent agreement with the previous landlords just a tatty old rent book, my mother, who did all the finances, would give them a cheque each month, sometimes they even forgot to collect the rent and we had to remind them!
 In 2008 my father passed away, and around 4 years ago our landlords retired and we got new landlords. The new landlords increased the old rent to almost double, fixed for three years, it was very low to be fair.  My mother passed away three years ago and I then continued to pay the rent.
 My landlord has informed me that I am now an assured tenant, which means that they can now increase the rent to the average market value of this type of property which, due to the location, will means that the rent will double yet again!
 Apparently I will have the right to live here until I die but now I won't be able to afford to, especially as I am approaching retirement, my salary is not enough for this, let alone my pension. It's the family home and I have lived here since I was nine, are they correct and I won't have a protected rent anymore? 

BonaDea

This might help:
https://england.shelter.org.uk/housing_advice/private_renting/regulated_tenancies

swingaloo

When your parents were alive were you named on the tenancy or after your mother died did you get a new tenancy agreement? 

theartfullodger

Sorry to read your story 

Lookup succession of regulated tenancies on Shelter website.
https://england.shelter.org.uk/professional_resources/legal/renting/succession/regulated_tenancy_succession

Suspect you are an assured tenant.  Landlord can try and evict you using section 8 (eg rent arrears) or various other reasons..
https://england.shelter.org.uk/housing_advice/private_renting/assured_tenancies.

(Section 21 does not apply to assured tenancy - as long as not short hold)

Weirdly in England a tenancy doesn't have to be in writing.  Bonkers, other countries do this better.

You could ask landlord for a new written tenancy.  But he might offer something you don't want .

Your current tenancy is entirely valid.  Problem is proving what has been agreed.

Good luck!

GibbsRule_No3.

Is help with rent available to you?  Try doing a search for what benefits you are entitled to. Housing benefit is for both Private and Social Housing I believe. 

Bookworm105

you have a tenancy by virtue of occupying a property and rent being accepted from you therefore establishing a 2 way relationship

however, on the info you provide it is impossible to confirm if you have an assured tenancy since the matter of succession is uncertain. As the Shelter website explains, your mother succeeded your father, but can / have you succeeded your mother given there appears to be no paperwork that names the actual tenant(s)?

your current LL appears to accept you have an assured tenancy, but have they confirmed that in writing?

as an assured tenant your rent has always been "protected", that does not mean it cannot increase, just that it may be capped at a maximum amount.

As the LL is treating you as AT then the rent increase will be by means of a Section 13 notice. That gives you an ability to appeal it to a rent tribunal, however, you also imply that the proposed rent will not be "excessive" in relation to the market rent for that location. In the absence of a documented tenancy agreement that categorically addresses how, if, and when, rent can be increased, the LL appears to be doing nothing wrong and is following "due process".

your rent is going to increase, if you can't afford it then see if you qualify for housing benefit and/or follow the section 13 appeal process, (though you may lose anyway if it is still "fair" market rent).
If you do appeal make sure you do so within the allowed time limit

Shelter Legal England - Statutory rules for rent increases for assured tenants - Shelter England

Robinette

As the landlord of a property that was subject to a protected tenancy, I am pretty sure that you are a protected tenant under the rule of succession (provided your father didn't succeed anyone). If this is the case, the rent can only be increased through the Valuation Office Agency, whose job it is to set a fair rent. I very much doubt that this would involve the rent doubling!

Have you checked the fair rent register? This is the link: https://tax.service.gov.uk/check-register-fair-rents/search.