30 years of renting an unregistered property. What are my fathers rights?

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    30 years of renting an unregistered property. What are my fathers rights?

    My father has been renting a property for over 30 years without any written rental agreement. His landlord wants him to leave the property so he can sell it. My father has established he has a secured tenancy as he has been living there for so long. For this reason he has asked his landlord for a sum of money to leave the flat. His landlords solicitor has asked my father to write a letter outlining his demands for leaving the property.

    The building consists of three flats, the other two which the landlord has already sold. My father is the only one residing in a rented flat in the building. The owner of one of the other flats needed to gain some information from the land registry before selling his on. At this point we found out my fathers flat is not registered on the registry. If the landlord is not able to produce documentation that he actually owns my fathers flat, does my father have any right to its ownership?

    #2
    My understanding is that the tenancy counters any adverse possession rights. In particular, the paying of rent will acknowledge the title.

    Not being registered doesn't mean that here isn't evidence of title; it just means that there were no transfers since registration became mandatory.

    Comment


      #3
      No.
      Property registration was only introduced I believe around 1991. Essentially, if a transaction took place since then it has to be registered with the LR. If there hasnt been a transaction as most likely case then the deeds and other documents would be produced and lodged with the LR.

      Your father occupies the property as a Regulated Tenant and has security of tenure and rents which are probably 20-40% below the market rate.

      They can sell the property to an investor but your father rights will have to be respected. Typically two options are that an agreement is agreed to pay your father a sum of money to leave, or your father buys the property.

      There are also succession rights to consider.

      Comment


        #4
        Land registration has been generally possible since 1925. It became compulsory in different places at different times. 1998 was when the last few edge cases seem to have become compulsory. There still needs to be a transaction to trigger. it.

        Comment


          #5
          Hello LadyK

          Do you know when your father 1st moved in, the date ?

          If the tenant moved in before January 1989, it would be a Protected Tenancy "Regulated" under 1977 rent act

          If the tenant moved in between January 1989 and February 1997 and No section 20 notice issued at start of tenancy, It would be a Secure Tenancy "Assured" under 1988 Housing act.

          Its important to know the date tenant 1st moved in, as dates and acts of parliament are different for E&W, Scotland and NI.
          Fed up with nitpickers and rivet counters...

          Comment


            #6
            There is a difference between a leasehold interest in the flat not being registered and the freehold in the building not being registered. If no long lease has been granted of the flat there will be no separate registration of the flat. If the building is not registered it will be because the landlord acquired it by a transaction which at the time it was made did not induce a requirement to register (or because someone forgot to register it.)

            Comment


              #7
              For those interested the following shows when areas in England and Wales became subject to compulsory first registration: https://www.gov.uk/government/public...y-registration

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