Assured Tenancy - rent increase

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Assured Tenancy - rent increase

    I have a Regulated Tenancy in which the tenant has recently passed away. There is nothing written and tenancy is far older than either the landlord or I.

    The former tenant's daughter has lived with her most of her life and my understanding is that her tenancy now becomes Assured (there is no spouse to succeed the Regulated Tenancy).

    My landlord client is more than happy for the daughter to continue renting the property (she knows she doesn't have a choice in the matter, but she wouldn't seek to evict even if she could).

    I have made her aware that the only way to end the Assured Tenancy (if we did want to in the future) is to use a Section 8 notice and that we'll most likely have to prove one of the mandatory grounds 1-8, none of which are likely to ever be relevant.

    My question is over rent increases now that the tenancy is Assured.

    Under the Regulated Tenancy (I have a few of these) I would write to the Rent Office and they'd increase every two years by a small weekly amount. But my research into Assured Tenancies seems to suggest that I have more flexibility now and that a Section 13 notice can be used.

    Neither the landlord nor I are suggesting that we want to drastically increase the rent at the moment, but it's useful to know if this is the case going forward.

    #2
    That's the way I read it too.

    The Daughter can succeed on an Assured Tenancy, with all the rights of an Assured Tenant but nothing other special about it.

    So rent rises by s13, or by agreement, (or by clause written into the TA, not sure how that would work in a succession where there may not be a new TA?), S8 for evictions (not s21), etc.

    Comment


      #3
      Thank you.

      Originally posted by nukecad View Post
      (or by clause written into the TA, not sure how that would work in a succession where there may not be a new TA?)
      This is something else I'm mulling over. The tenant has asked for something written, ideally a new tenancy agreement.

      I understand why; her mother never had anything written, she may need something for benefit applications, wants the peace of mind, etc.

      For now the landlord is happy with the current rent so I may just create a new Assured Tenancy (I'll have to find one!) and make it periodic from the get-go.

      I think I'll leave the agreement silent on rent increases and just use Section 13s in future if we want to.

      Comment


        #4
        Daughter might (eg housing benefit) appreciate a written and signed AT contract (not sure where to get one). I landlord's shoes I'd provide evidence of local market rent and increase rent, every couple of years, fairly gently.

        Think landlord is liable for repairs to a much greater degree that with regulated. Perhaps inspection then agree plan with new tenant.

        Good luck!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          Daughter might (eg housing benefit) appreciate a written and signed AT contract (not sure where to get one). I landlord's shoes I'd provide evidence of local market rent and increase rent, every couple of years, fairly gently.

          Think landlord is liable for repairs to a much greater degree that with regulated. Perhaps inspection then agree plan with new tenant.

          Good luck!
          Thanks. We let a few houses in the street so I have plenty of comparable evidence to support some gentle increases if the landlord wants to.

          The property is actually one of the better Regulated ones I have. Dated, but compliant and generally in decent condition.

          My only real gripe is that every time I've been there the batteries for the smoke alarms have been taken out because the tenant smokes in the property.

          They get the same letter from me following every inspection telling them to put them back in.

          Comment


            #6
            LL may want to hold off from setting the rental amount, as I doubt that an electrical certificate has been done, and if they have lived there for 20-30 years the electrics may not pass inspection. As well as EPC etc.

            Comment


              #7
              Originally posted by ash72 View Post
              LL may want to hold off from setting the rental amount, as I doubt that an electrical certificate has been done, and if they have lived there for 20-30 years the electrics may not pass inspection. As well as EPC etc.
              The rental amount is already set under the existing Regulated Tenancy, the absence of anything written doesn't mean there isn't a tenancy.

              Thank you for the note and the concern, but I have managed this property since I bought my agency 2(ish) years ago and we're fully up to date with compliance.

              Comment


                #8
                Originally posted by HantsAgent View Post
                I may just create a new Assured Tenancy (I'll have to find one!) and make it periodic from the get-go.
                Most/many Social Housing Assocition tenancies are ATA's (my new one is) if you can get hold of one to adapt it.

                Comment


                  #9
                  If a relative has been living with RT before 1988 housing act came into force, They could succeed to a Regulated tenancy "Protected"

                  If a relative moved in with RT and has living there more than 2 years after 1988 housing act came into force, They could succeed to a Assured tenancy "Secure"

                  It's all a bit of a grey area !

                  Any rent increase on a AT can be challenged at 1st tier property tribunal, full market rent will never be achieved.
                  Fed up with nitpickers and rivet counters...

                  Comment


                    #10
                    Originally posted by 45002 View Post
                    If a relative has been living with RT before 1988 housing act came into force ......
                    [citation needed]
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Originally posted by KTC View Post

                      [citation needed]

                      That's simple 15/01/1989 when 1988 Housing act came into force.

                      If it was back dated to cover relatives living there before 1988 act came into force, please show me ?

                      Different acts dates apply for Scotland and NI.
                      Fed up with nitpickers and rivet counters...

                      Comment


                        #12
                        Any succession is happening now, not when they moved in. What matters is what the law say when the tenant passed away with a co-habiting non-tenant.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          Originally posted by KTC View Post
                          Any succession is happening now, not when they moved in. What matters is what the law say when the tenant passed away with a co-habiting non-tenant.
                          Please can you show me relevant parts of 1977 act as amended that cover this, Thank you.
                          Fed up with nitpickers and rivet counters...

                          Comment


                            #14
                            The rules for succession of a Statutory Tenancy is laid out in Schedule 1 of the Rent Act 1977 as amended.

                            Surviving co-habiting spouse or civil partner, or someone living as if they were a spouse or civil partner becomes a statutory tenant by succession. Such succession can only happen once. There can be a second succession to an AT after a spouse succession.

                            Other relatives is only entitled to an Assured Tenancy and only if they have lived together for at least 2 years.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #15
                              Thanks

                              Which I ready before serval times other the years and still doesn't make it clear about relatives living with a RT before 1988 act came into force !
                              Fed up with nitpickers and rivet counters...

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X