Regulated / Protected Tenacy (1977 Rent Act)

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    Regulated / Protected Tenacy (1977 Rent Act)

    Hi,

    I recently purchased a flat which came with a freehold.

    The lease on the other flat started in 1980 (18 years remaining), so from what I understand it is a 'Regulated Tenacy' under the '1977 Rent Act'.

    I am finding it hard to find out any further information and would be grateful if anyone can provide me with answers on the below;

    1. It states in the lease, that the rent for the first 25 years was £15 p.a and for the remaining 25 years it has increased to £30 p.a.

    As this is very low, the market rate is currently around £695 per month for this type of property, I was wondering if I could apply for a 'Fair Rent' assessment? Or is this not possible as it states in the lease that the rent should be £30 p.a. for the remaining 25 years?

    2. I have looked into the rules surrounding 'Succession' and believe that the current tenant lives alone, is not married, and has had nobody reside with them in the property for the last 2 years. So from my understanding the lease cannot be passed on via the 'Succession' rule, however can the lease be passed on in a will, if so what are the rights of the person who inherits it? Can they move in, sub let, extend the lease or sell the property?

    Any information will be gratefully received.

    Shaun

    #2
    1977 Rent act

    Hi Shaun

    Did you check exactly before purchasing,the date the tenant 1st moved in ?

    Can you enter the full post of the property here https://ebusiness.voa.gov.uk/err/

    then click "Find"

    Does it show the tenants name address,date of last registered rent details so on,don't post any details...

    You will Never get full market rent on a property with a 1977 Rent act tenant in place.

    Regulated tenants Succession rights http://england.shelter.org.uk/get_ad...cession_rights

    about half way down the page.

    Any dispute on Succession rights would be down the the courts to decide and not the landlord !
    Fed up with nitpickers and rivet counters...

    Comment


      #3
      Originally posted by Shaun_19 View Post
      It states in the lease, that the rent for the first 25 years was £15 p.a and for the remaining 25 years it has increased to £30 p.a.
      Is this the Ground Rent for the flat?

      Comment


        #4
        Hi shaun, I think the other flat is a long leasehold - i.e the owner paid a large sum to be able to live in the flat for the next x years (usually something like 99 years.) just like the lease you purchased for the flat you are living in. you also bought the freehold title separately.

        You need to read both your lease and the other lease carefully to ensure you comply with you obligations. Should the other owner die the lease will be as asset of their estate and will pass either via a will or intestacy law to somebody else.

        Comment


          #5
          Please do go and get advice from a solicitor specialist in landlord/tenant law, and show them the lease.

          Comment


            #6
            Thank you for your responses, I've looked into more of the documentation and the lease itself.

            The £30 payable each year is the ground rent (peppercorn rent)

            The Lease started in 1980 and runs until 2030 (50 year lease with 17 years left to run) and a sum was paid for the 50 year lease. Does this therefore count as a long lease? Or is it a Regulated / Protected Tenancy, as it was set up before 1989?

            Only the lower flat is subject to the lease, the flat purchased by myself has the freehold, so there is no lease on the property.

            As mentioned by a poster, it was almost an added bonus with the property, which is why I didn't look into it at the time of buying, but now I'd just like to know what my obligations are and what rights I have around the property.

            Comment


              #7
              As I said before
              Originally posted by westminster View Post
              Please do go and get advice from a solicitor specialist in landlord/tenant law, and show them the lease.

              Comment

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