Tenant rights after ten years

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  • Tenant rights after ten years

    I'd appreciate if anybody could help me on this one. Does a tenant in an assured shorthold have any special rights after being a tenant for ten years? Thanks in advance.

  • #2
    No. For what fixed-term was it granted and from when?
    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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    • #3
      Special rights? No.

      I'm interested to know what special/additional rights you are thinking of.

      Comment


      • #4
        From the tone of your post, Poppy, I guess you're a landlord.

        Well, to answer your question, as just an example, a friend told me that after ten years even in an assured shorthold, the full deposit has to be returned if the tenant is evicted regardless of the state of original furnishings/carpets. Of course this may be untrue. That's why I posted - to see if anybody on here has the legal knowledge to inform me about any changes in a tenant's rights in assured shorthold after ten years.

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        • #5
          Originally posted by jeffrey View Post
          No. For what fixed-term was it granted and from when?

          It's yearly renewed.

          Comment


          • #6
            There is no reason why you should have to return the whole deposit to the tenant simply because he had been there a long time.

            However, the deposit should have been protected in a scheme (by LL) within 14 days of the first renewal of the AST after April 6th 2007. Was it?
            '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

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            • #7
              You may have had certain "special" rights (if you want to call them that) if your tenancy was entered into for a term of more than 7 years (but not simply allowed to renew yearly for the same period), but that's different discussion.

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              • #8
                Originally posted by mind the gap View Post
                However, the deposit should have been protected in a scheme (by LL) within 14 days of the first renewal of the AST after April 6th 2007. Was it?
                Or of every renewal?
                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


                • #9
                  Originally posted by Pendergast View Post
                  From the tone of your post, Poppy, I guess you're a landlord.

                  Well, to answer your question, as just an example, a friend told me that after ten years even in an assured shorthold, the full deposit has to be returned if the tenant is evicted regardless of the state of original furnishings/carpets. Of course this may be untrue. That's why I posted - to see if anybody on here has the legal knowledge to inform me about any changes in a tenant's rights in assured shorthold after ten years.
                  This sounds like an assumption based on the lifespan of things such as carpets/soft furnishings; the logic being that a carpet would have to replaced after ten years fair wear and tear and T is not liable for fair wear and tear. But there are many many other things which would not be worn out after 10 years, such as 'hard' furnishings and floor coverings, toilets and other sanitaryware, etc. Deposit can also be used to cover unpaid rent.

                  Comment


                  • #10
                    Originally posted by dominic View Post
                    You may have had certain "special" rights (if you want to call them that) if your tenancy was entered into for a term of more than 7 years (but not simply allowed to renew yearly for the same period), but that's different discussion.
                    Dominic is probably referring to the rule that, as from 2003, a lease for >7yrs. needs to be registered at HMLR.
                    However, T's rights under such lease are generally no different than if it had been unregistrable (= for 7yrs. or less).
                    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


                    • #11
                      Originally posted by jeffrey View Post
                      Dominic is probably referring to the rule that, as from 2003, a lease for >7yrs. needs to be registered at HMLR.
                      However, T's rights under such lease are generally no different than if it had been unregistrable (= for 7yrs. or less).
                      ...and it would have to be made by deed.... meaning the time bar limitation for bringing proceedings for breach of the lease is 12, instead of the usual 6 years.....

                      ....but you can create any tenancy by deed if you wish, you are only required to do so (to create a valid interest in land) if it is for a term of more than 3 yrs.

                      Comment

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