protected tenancy

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    protected tenancy

    please could any of you out there help me i have lived with my parents for 30 years in our rented house they have a protected tenancy as my dad was a farm worker in a tied cottage which came with the job what are the chances of the land lord evicting us and if he offers alternavtive accomadation do we have to move look forward to hearing all your advice

    #2
    You may find this link helpful for farm workers and those with agricultural tenancies

    http://england.shelter.org.uk/__data...tural_NHAS.pdf

    Comment


      #3
      Protected tenancies are not the same as ...

      - agricultural tenancies...
      ..
      and there are special conditions regarding "Tied accommodation"...

      This is a possibly complicated area...

      It would be helpful if you could (find then) read the original tenancy & see what it says it is (protected, agricultural..) .. and also was your father's tied accommodation provided as he needed to be located there to do the job (eg on-call some nights a week) or was it provided simply as a convenient place to live (this may make a difference).

      Also please confirm - this is in England??

      Regards

      Artful

      The Shelter England website has detailed guidance, but you need to know exactly what sort of tenancy you have 1st,... e.g.
      http://england.shelter.org.uk/get_ad..._accommodation
      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


        #4
        hi my dad has got a statutory tenancy the landlord is putting pressure on them to move to alternative accomadation but the house he has offered has no garden and is smaller so it is not similar to the one that they are in now .does it have to be similer it does not seem to say in the housing act 1977, and yeah it is england

        Comment


          #5
          Originally posted by emma1 View Post
          hi my dad has got a statutory tenancy

          Thanks: Do you mean he had an "Assured Shorthold Tenancy" which had an initial fixed term but is now in "Statutory periodic"???

          What is the tenancy headed, please??

          Has the landlord served a "notice to quit" or a "Section 21" notice??

          Regards & best wishes

          Artful
          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


            #6
            hi no he has statutory tenancy also known as a regulated tenancy i think the one your talking about was the one brought out after 15 january 1989 his original tenancy was given to him in 1978 the landlord has just told him to move into the other property this has not been backed up by a possesion order and i think the landlord needs one of these.

            Comment


              #7
              If it is regulated that is very good for you as that gives tenant very strong rights... see
              http://england.shelter.org.uk/get_ad...ated_tenancies

              However, suggest you check with this..

              http://england.shelter.org.uk/get_ad...enancy_checker

              Do you have a copy of the original tenancy & have no further tenancies been signed since??

              What makes me cautious is you mentioned "Tied accommodation" and "farm worker": Think you need to go back & see what the original tenancy says (which may or may not be correct..) before jumping to conclusions...

              Best regards

              Artful
              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


                #8
                Originally posted by emma1 View Post
                he has statutory tenancy also known as a regulated tenancy....his original tenancy was given to him in 1978 the landlord has just told him to move into the other property this has not been backed up by a possesion order and i think the landlord needs one of these.
                It's highly likely he does need a court order, but I agree with theartfullodger, the fact that you mention 'tied cottage' etc, suggests this may not be a straightforward regulated tenancy. (Did you read the link posted by Emma1973?)

                You should firstly contact Shelter for advice on the tenancy status. If they are uncertain, I recommend you seek professional advice from a specialist landlord/tenant solicitor (do not consult a general high street solicitor as they will not have the knowledge you require, and, worst case scenario, may give you incorrect advice).

                Meanwhile, do not move out as this could possibly undermine your position.

                Comment


                  #9
                  hi i have had a look at the tenancy and it is a regulated tenancy and on it says term periodic
                  there is no mention of a tie to the house or the fact that dad was a farm worker

                  Comment

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