no tenancy agreement

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    #16
    As far as i am aware, any new agreement signed would be null and void. You cannot reduce the rights which are based in statute, ie. reduce the level of security of tenure. Whatever is signed is worthless and the same rules of family sucession apply as Paul said. So there would be no point in asking them to sign an AST. If you did so and not informed them you knowing their status, ie the papers with the sale from the solicitors, they or their family may have grounds for a counter claim against you, which could be costly. Re. protection from eviction act and or harassment laws.

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      #17
      thanks for the info .....
      It seems I have to just wait .....
      Should there be any written agreements in the past - or is it just governed by the Rent Act 1977 ....e.g like the tenants rights and landlords rights ...name of tenants etc. etc.
      We asked the couple who are our tenants - and they do not have anything in
      posession - but they said that I could write an agreement for them ...
      which they were willing to sign if they agreed on it ....
      But from your post it seems that nothing will hold as its a secure tenancy ...
      Is there any way where the history of the tenancy can be found - and its
      rules and regulations.....

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        #18
        I guess you need to read the document through the link below, it gives you better understanding when dealing with Rent Act tenant:

        http://www.odpm.gov.uk/stellent/grou...601818-04.hcsp

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          #19
          As said before all new agreements are ASTs so you drawing up an agreement would be a waste of time. You cannot create a rent act tenancy as they no longer exist. All you can do is contact the rent officer service to see if there is an existing registration for the property. If there is that is the maximum that can be charged regardless of what is payed now. [Even if this applies to a different landlord or tenant(s)] If there is an existing registration that is lower than the existing rent you are liable to repay the overpayment going back 2 years. Also if you find that there is an existing registration the maximum fair rents order 1999 applies limiting increases by to the change in the RPI over the last 2 years+5 or 7% i think depending if its the first or subsequent registration after the order came in to effect. On the other hand the local rent service may have a copy of an agreement if there is one.

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            #20
            the rent is not registered - and we are charging them £180 a month -
            it has only been increased once by £8 - but the tenants did not object ...
            do you think its still worth registering the property at the rent office -
            and if so where do I find one ??????

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              #21
              Sorry but...

              ...i know you've moved on

              But I'm amazed you could buy a property without finding out the legal position of the tenants....as someone says it a affects the price so much

              My friend was in a similar situation. She helped buy them a retirement home in Spain. They moved out & she sold at a handsome profit £$£$£$£$£

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                #22
                Hi Dylan

                heres the link for the rent service office lookup:
                https://ebusiness.therentservice.gov...ice_lookup.htm

                A point of note is that you say the rent is not registered but you have never contacted the rent service. A registered rent is valid ad infinitum as long as it is not cancelled jointly by landlord and tenant and as long as a regulated tenant lives in the property....so what I was trying to explain in the previous posts is that there may already be a rent registered on the property, that you are unaware of. If you contact them they will tell you. This applies even if it was registered on a previous tenant or landlord.

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