Regulated / Protected Tenancy

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    Regulated / Protected Tenancy

    Hi all

    Just want some advice please... we rent a 3 bed property from a private landlord.. the tenants have live in the property since 1978.. so they have a regulated/protected tenancy.
    The current landlord is selling the property either to us or if we do not wish to buy it will be auctioned off.

    Now there are issues with the property ie... no central heating for a start... also the property is not on mains sewerage the house has a cesspool which also serves the property next door, which really isnt sufficient to deal with both occupied houses.. being that it needs emptying every 2 weeks. maybe less.
    Can the landlord sell these knowing that this has never worked properly as they have said they will not do anything to it... it will cost app £400 a month to empty....

    #2
    Originally posted by hertylass80 View Post
    Hi all

    Just want some advice please... we rent a 3 bed property from a private landlord.. the tenants have live in the property since 1978.. so they have a regulated/protected tenancy.
    The current landlord is selling the property either to us or if we do not wish to buy it will be auctioned off.

    Now there are issues with the property ie... no central heating for a start... also the property is not on mains sewerage the house has a cesspool which also serves the property next door, which really isnt sufficient to deal with both occupied houses.. being that it needs emptying every 2 weeks. maybe less.
    Can the landlord sell these knowing that this has never worked properly as they have said they will not do anything to it... it will cost app £400 a month to empty....
    He can sell it in whatever condition he wishes, as long as he does not attempt to defraud the purchaser e.g. by lying about being on mains sewerage in the HIP. The purchaser will probably get his own detailed survey done anyway and on noticing that it is a septic tank rather than mains sewerage he will, if he has any sense, investigate the implications of that.

    Nor can I imagine why your LL is breaking any law by renting the property to you without mains sewerage. As long as the tank works (ie collects waste securely and does not allow it to seep into the land around it, or create offensive smells except when being emptied), I cannot see how you can start objecting to the cost at this stage. After all, presumably this tank was in place when you moved in and you did not object to it then?
    '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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      #3
      We are not objecting to it... i am just trying to suss out what is what.

      We havent had to pay to have it emptied before, because that has been done by the current landlord and currently only one property is occupied. When they sell to whomever that is going to cost them £400 a month.. and at present our rent is £400 by the fair rent office.

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        #4
        Any new landlord cannot unilaterally change the terms of the tenancy. If your current landlord has paid for the tank to be emptied your new landlord will too.

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          #5
          Maybe im not explaining it right.

          Just wanted advice thats all... our rent is decided by the fair rent office.

          All we are concerned with is the fact of how much this is going to cost.. and obviously as it will be auctioned if we dont purchase will the new landlord replace the old system then put it on our rent??????

          Comment


            #6
            Originally posted by hertylass80 View Post
            Maybe im not explaining it right.

            Just wanted advice thats all... our rent is decided by the fair rent office.

            All we are concerned with is the fact of how much this is going to cost.. and obviously as it will be auctioned if we dont purchase will the new landlord replace the old system then put it on our rent??????
            No, he cannot do that - see Lawcruncher's reply!
            '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
              Thank you for the advice....

              There would still be a problem though... as in we dont buy our house. Next door has already been sold to a private buyer. How would that effect the situation.

              As one house is owned, the other will be rented..

              One cesspool serves both houses.

              Comment


                #8
                Originally posted by hertylass80 View Post
                Thank you for the advice....

                There would still be a problem though... as in we dont buy our house. Next door has already been sold to a private buyer. How would that effect the situation.

                As one house is owned, the other will be rented..

                One cesspool serves both houses.
                It won't affect your situation as explained before: you will continue on the same basis. One house will have a tenant, and the other may (or may not) have an owner occupieer.

                Of course, if both houses have new owners, they might between them decide to renew the cesspool so that it does not need such frequent emptying. But that's up to them, and should not make any difference to your terms and conditions.

                Comment


                  #9
                  Thank you for the advice everyone.

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    He can sell it in whatever condition he wishes, as long as he does not attempt to defraud the purchaser e.g. by lying about being on mains sewerage in the HIP.
                    On this sale (i.e. where V sells subject to sitting tenant), the HIP scheme does not apply.
                    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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