Assured Tenancy Rights

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    Assured Tenancy Rights

    I have a question I hope you can answer. My mother has been living in a cottage for some 22 years since August 1997 and took the cottage as part of her job to clean the main house. During that time she has had 3 different owners and been working for them. For a couple of months she paid rent as well. Her current employers have now said that they no longer require her services and wish to pay her a sum of 3500 Pounds as severance pay and want her to start paying 600 Pounds a month. The council has apparently said it will cover 400 pounds of that. My question is that I am sure this is an assured tenancy, and that she should not throw away her rights. She is getting older, over 70 years old. They have also told her that they want to increase the rent next year to 800 pounds and she would not be able to afford that. Can anyone give advice on this. Thanks in advance

    #2
    When you say she "took the cottage as part of her job to clean the main house", was the accommodation part of the remuneration for the job?

    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      In any case if she occupied the residence after 27 February 1997 then it would be deemed an Assured Shorthold Tenancy.

      is there a written agreement ?

      Comment


        #4
        Originally posted by fullhouse50 View Post
        In any case if she occupied the residence after 27 February 1997 then it would be deemed an Assured Shorthold Tenancy.
        Not if no rent was paid.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          If no rent was paid then by definition the tenancy falls outside of the Housing Act. The original post does not make this clear.

          Comment


            #6
            It depends if she was a service occupier or service tenant. If she had to live there in order to do her job then she was a service occupier and has less rights to stay. If a service tenant then she probably has an AST. It could be that rent was deducted from her wages to pay for the accommodation.

            Double check the date she moved into the accommodation isn't prior to 28 February 1997, if so she may have an Assured Tenancy. It would be for the landlord to prove she moved in after that date...

            If she was a service occupier then her employment finishing and beginning to pay rent would seem to be a new AST.

            Comment


              #7
              KeepTheFaith,

              For it to be a 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_ad...ured_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/1...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
              Thunderbirds are go

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