Inheriting Regulated Tenants

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  • Inheriting Regulated Tenants

    Im due to be inheriting a property with Regulated tenants (pre 1989) shortly from my parents.

    What will my rights be as the new Landlord? Will I be able to introduce a written contract? As there isn't one at the moment, only the Rent Book.

    Any help will be greatly appreciated.
    Many Thanks.

  • #2
    As the landlord of regulated tenants you will find you do not have a lot of rights at all. You will only be able to raise the rent once every two years and that will be decided by a rent officer according to a rather esoteric formula. Any written contract you try to get the tenant to sign up to will be superceded by the pre 1988 rules which were designed to stop 'rachmanism'. Think very carefully before you use the tribunal to appeal the rent awarded when you do get it raised, I appealed, and ended up losing nearly £1300 a year.
    A regulated tenancy can also be inherited I believe, but only once, so you might have it for years yet.
    I am sure others will give you more advice on the legalities, this is only my experience.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Pre 1989 does not make it regulated. Pre 1977 does I think! .. Pre 1989 makes it ASSURED!

      Landlordlaw website has a good tenancy determination page.
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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      • #4
        I have just googled that, if the tenancy started before 15th January 1989 it is a REGULATED tenancy, covered by the 1977 Rent Act. So if it started after that then justaboutsane is right.
        I offer no guarantee that anything I say is correct. wysiwyg

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        • #5
          I wish it was and assured tenancy justaboutsane, but its not.....They are definitely Regulated Tenants...covered by the 1977 Rent Act.

          The "contract" started well before Jan 1989 - back in the 60's I believe!

          The only information I cant seemed to find is regarding the inheritance of a property with Regulated Tenants.

          If I asked them to sign a written contract, and by some miracle they do, which allows me to review the the contract every 6/12 months. Will this terminate the original oral agreement and start a fresh Assured Shorthold Tenancy?

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          • #6
            If only!

            You will have to prove that the tenants had access to a solicitor who confirmed that they realised that they would be giving up all their legal rights to a regulated tenant to become an AST tenant.

            Not a hope in hell of any solicitor allowing their client to do this.

            They will be your tenants until death do you part. (theirs hopefully! but the tenancy can be inherited once, has this happened?)

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            • #7
              Thank you attilathelandlord, to be honest I thought as much but worth asking anyway!

              No, the house has not been succeeded. However I also believe this is unlikely to happen. The Tenants 'very wealthy' daughter is married with a house and children of her own. Its is extremely unlikely she will move into the the property to inherit it and the grandchildren are still far to young.....however then again, depending on how long it takes for 'death to do us part' this may change!

              Maybe the Government will repeal the 1977 Act......Here's Hoping!

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              • #8
                Originally posted by littlelandlord View Post
                Maybe the Government will repeal the 1977 Act.
                No. The 1977 Act is here for keeps. Even the continuing proposals for re-writing/simplifying the private letting legislation will explicitly exclude any alteration of existing 1977 Act tenants' rights.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                • #9
                  Jeffery,

                  I do appreciate your reply - but I was being sarcastic! lol

                  I am all to aware of the Governments position........

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                  • #10
                    Maybe you can dig out a nice big cellar, sound proof it, trick them into going down there and keep them there for 24 years, feeding them once a day. That way you get your house back!

                    (That was a joke just in case anyone goes ahead and tries it!!!!)

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                    • #11
                      Originally posted by attilathelandlord View Post
                      Maybe you can dig out a nice big cellar, sound proof it, trick them into going down there and keep them there for 24 years, feeding them once a day. That way you get your house back!

                      (That was a joke just in case anyone goes ahead and tries it!!!!)
                      Then you'd need a Cellar's Pack.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

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                      • #12
                        DON'T TEMPT ME!!!!!

                        and I would still charge them the pitiful rent they are currently paying! as well as renting out the main house at market rate!!

                        Everyone's a winner.................. current tenants get free food and I get Market rate!! lol

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                        • #13
                          You might even get some kids out of it too! Depending on how attractive the tenants are.

                          (sorry that was sick, even for me!)

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                          • #14
                            lol,

                            Unfortunately Im not prepared to bare children with 70 something yr old!! My fiancé may also have something to say on the matter!

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                            • #15
                              I believe if the tenancy is to be inherited then the inheritee (is that right?) has to actually reside in the property with the tenant. I might be wrong but I am sure I came across this somewhere. I don't think he can put it in his will either.
                              I offer no guarantee that anything I say is correct. wysiwyg

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