Protected Tenancy queries

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    Protected Tenancy queries

    My family own a house which is occupied by an elderly gentleman in his 80's. The property was originally owned by my grandparents who passed it on to their three offspring and now it belongs to four of their surviving relatives.
    The tenant has paid the rent for around 60 yrs and has no formal tenancy agreement.
    Firstly, from what I can gather he appears to fulfil the criteria for having a Protected Tenancy. Is this true even though there is no formal agreement and no paperwork?
    Secondly, he pays a ridiculously small rent (by cheque, monthly) - how do we go about putting it up and where would I find out the rules about how to do this and do they still apply if there is no formal written agreement?
    Thirdly, if there is no formal agreement and he does have a Protected Tenancy, are we still supposed to comply with all the other requirements of landlords, eg electrical and gas safety checks, the new EPC etc?

    Help!
    Thanks.

    #2
    Originally posted by 1327 View Post
    My family own a house which is occupied by an elderly gentleman in his 80's. The property was originally owned by my grandparents who passed it on to their three offspring and now it belongs to four of their surviving relatives.
    The tenant has paid the rent for around 60 yrs and has no formal tenancy agreement.
    Firstly, from what I can gather he appears to fulfil the criteria for having a Protected Tenancy. Is this true even though there is no formal agreement and no paperwork? Amost certainly, yes!
    Secondly, he pays a ridiculously small rent (by cheque, monthly) - how do we go about putting it up and where would I find out the rules about how to do this and do they still apply if there is no formal written agreement? Not sure what you do here as it isn't even under the Rent Act 1977
    Thirdly, if there is no formal agreement and he does have a Protected Tenancy, are we still supposed to comply with all the other requirements of landlords, eg electrical and gas safety checks, the new EPC etc? Definitely, but there is no requirement to have a formal electrical safety check but you must ensure the electrics and applicances are "safe". If the premises hasn't been rewired for years then you need to get it done.

    Help!
    Thanks.
    This is a difficult question that's really hard to answer because it goes back several years.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      T is Rent Act 1977 Protected. There are limited ways to increase the rent, but T is there more or less for rest of his life unless he wants to leave voluntarily (perhaps encouraged by £££ ?)
      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).

      Comment


        #4
        60 years as a tenant in the same house is pretty impressive. I think he deserves a telegram from the Queen. Or at least a bloody big cake.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          After 60 yrs., it certainly needs rewiring- even if everything else is OK (which it probably isn't).
          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).

          Comment


            #6
            Originally posted by jeffrey View Post
            After 60 yrs., it certainly needs rewiring- even if everything else is OK (which it probably isn't).
            Apparently 1940's Bake-a-lite fittings are collectors items. Might be worth a bit.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              If it hasn't been rewired then the lights will certainly be baked.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                Thanks for all that, guys!
                We don't want T to leave as my father promised my grandmother before she died that he could stay there as long as he wanted to. I'm just trying to get the arrangement formalised and encountering some complications. And objections from other members of the family who seem to think it'll be more trouble than it's worth to do this, but I'm keen to do it properly and legally.
                I vaguely remember some wiring work being done about fifteen or twenty years ago but nobody is sure what was involved.
                I guess my only option is to bite the bullet and try to persuade the others to pay for someone who knows their stuff to sort this mess out.
                Thanks again.

                Comment

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