Tenancy change following bereavement

scottleag

Sadly my wife died recently. I notified the estate agent as we had a joint tenancy and that has to be changed to me being sole tenant. I expected it to be quite simple. My wife's name being removed, mine staying on and otherwise carry on as before.

Instead today I've received a totally new contract due to start in the middle of next month. There are two major changes to the current contract. First the new contract states no pets whereas the old one permitted a cat. That cat is my sole companion and things are tough enough right now without having to try to find a new home for her.

Second, while the new rent remains the same for now the clause about rent rises has changed from being in line with RPI to 5% minimum and no maximum stated. I see this as capitalising on loss and grief. if my wife were still alive the landlady wouldn't be able to do this. I am absolutely sickened by it. RPI has been below 5% for about 80% of the time over the period we've been tenants here (10 years 4 months)

I'm not in a position to refuse to sign if I want to keep a roof over my head. I'm still in the middle of sorting things out following my wife's death. Phones, various subscriptions and direct debits (changing some over to me, ending others), bequests and sundry other matters. I simply don't have time to start looking for new accommodation in such a short period.

The one thing that is in my favour is the rent won't rise for the initial period of six months (fixed term assured shorthold tenancy). But that doesn't solve the cat problem. If I don't find a new home for the cat in the next fortnight before the 'new' tenancy commences then presumably I can be evicted for breaching the tenancy agreement if the cat (ten years old and has been here since she was a kitten) is still here when the new agreement starts.

What happens if I don't sign? Can I be evicted even though I'm still paying the rent (paid on time every month for over ten years)? What would the notice period be?

I'm going in to the estate agent tomorrow and ask them to see if the landlady will reconsider about the cat and the rent clause but I don't hold out much hope seeing as she has seized the opportunity my wife's death has given her to make these changes.

I'm just trying to find out my legal rights, if any, and looking for advice on what to do. I suspect the landlady is pulling a fast one before the Renters Rights Act comes into force.

EssexHebridean

Firstly - and most importantly, I'm so sorry for your loss, you must be devastated, and yes, this is the very last thing you need right now.

Hold fire on doing anything until you hear from the resident experts here - they will undoubtedly have some good fact-based advice for you.

SiliconChip

Sorry for your loss. I don't think you needed to inform the agent/landlord at all, unless you have a tenancy that is not an AST. If it is then you automatically succeed to the tenancy by the common law rule of survivorship. I can't see anything that requires a new sole tenancy agreement. Hopefully others will have greater knowledge to confirm this, but failing that I'd contact Shelter for advice, which is where I found the information I've given.

https://england.shelter.org.uk/professional_resources/legal/renting/succession/assured_and_assured_shorthold_tenancy_succession#who-succeeds-to-a-joint-tenancy

saajan_12

Sorry for your loss. Please don't worry, I've been helping on this forum for a long time and I'm sure this is a non-issue as I'll explain below. Summary is you can continue on the current contract, they would be daft to evict and it would take months.

I'm not in a position to refuse to sign if I want to keep a roof over my head. I'm still in the middle of sorting things out following my wife's death. ... I simply don't have time to start looking for new accommodation in such a short period.

..

What happens if I don't sign? Can I be evicted even though I'm still paying the rent (paid on time every month for over ten years)? What would the notice period be?

You absolutely can refuse to sign, you simply remain on a rolling tenancy. You would inherit the joint tenancy on your own.

Eviction would take months, would only be allowed in certain circumstances post the new RRA rules and regardless would be a daft move if you're an otherwise paying tenant. Timeline is 2 months for notice, 1-2 months for court date, 1 month for possession date, repeat if they got something wrong, 1-2 months for bailiffs. They may threaten it but they're not going to follow through when they realise its more work than sending a notice. Any pet damage has happened already after 10 years, so there would be no point in evicting for that reason.

Second, while the new rent remains the same for now the clause about rent rises has changed from being in line with RPI to 5% minimum and no maximum stated. I see this as capitalising on loss and grief. if my wife were still alive the landlady wouldn't be able to do this. I am absolutely sickened by it. RPI has been below 5% for about 80% of the time over the period we've been tenants here (10 years 4 months)

When was your last rent increase, and what does the last tenancy agreement say about rent increases? Unless it specifies otherwise, statutory rent increases must be in line with market rents and minimum 12 months between increases else you can challenge them. So you likely already have that protection.

First the new contract states no pets whereas the old one permitted a cat. That cat is my sole companion and things are tough enough right now without having to try to find a new home for her.

..

But that doesn't solve the cat problem. If I don't find a new home for the cat in the next fortnight before the 'new' tenancy commences then presumably I can be evicted for breaching the tenancy agreement if the cat (ten years old and has been here since she was a kitten) is still here when the new agreement starts.

I would just not sign a new contract, but in the extreme even if you did, you likely wouldn't be evicted for having a cat. Under the new rules, they can't unreasonably refuse a request to keep a cat, and if you've had a cat there without issue for years, I think they'd struggle to claim allergies or property damage etc.

I'm going in to the estate agent tomorrow and ask them to see if the landlady will reconsider about the cat and the rent clause but I don't hold out much hope seeing as she has seized the opportunity my wife's death has given her to make these changes.

Strategically I wouldn't, as it risks riling them up for a fight. Instead just stall them for 3 months until the new rules come in. Even now it would be slow and silly for them to evict so its not the end of the world, but after 1 May its even more hoops they'd have to jump through. Just say you're thinking about it, probate is in the works, etc and continue on the current periodic tenancy.

Albermarle

What happens if I don't sign? Can I be evicted even though I'm still paying the rent (paid on time every month for over ten years)? What would the notice period be?

To evict someone, you have to be given two months notice, but it is quite common for the tenant just to ignore this. Then the landlord has to go down the legal route, which can take many months and costs money. It also seems a bit unlikely that a landlady would risk evicting a tenant who pays their rent on time, and then to get a new tenant who may well not.

I would not go to the estate agency tomorrow. Wait until you get more feedback from the forum, Shelter etc.

Also remember ( difficult I guess in the circumstances) that the proposal of a new contract is just an opening shot in what could be protracted negotiations leading to something more acceptable.

elsien

You have had the cat for 10 years and the landlord hasn’t complained. It may even be that they’ve updated a standard tenancy document from somewhere and not even thought about your cat.

scottleag

@saajan_12 Last rent rise was May 1st 2025. I can understand why the landlady wants no maximum on rises as if I was looking for a similar property to rent now it would be substantially more than the current rent.

scottleag

Some great advice there. Thanks all. What really got me was the cheek of the message from the estate agent. "You have been sent a document to sign" with no explanation at all. Think I'll do what people on here have suggested and swerve the meeting tomorrow. Rent's due on Monday anyway so presumably they'll take the full amount as per usual and that's me paid up till the end of March. One more month after that till the new act comes in.

monkey-fingers

Do you have a fixed tenancy at the moment then?
When does it expire?

scottleag

https://forums.moneysavingexpert.com/discussion/comment/81900277#Comment_81900277

No, rolling monthly.

Yorkie1

Are you paying by standing order or direct debit? If DD, is there a risk they will just put payments up by the new tenancy figures anyway? (Question for the forum, rather than OP)