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Mago
19-03-2006, 08:43 AM
In the autumn of this year my landord inherited the house in which I live,the landlord did not issue new tenancy agreements to the tenants,but gave everyone a new Rent Book,on the front of each book it was stated that we were assured shorthold tenants. The landlord has now stated that as he has now obtained probate the property is now officialy his and as such he has registered the house as a business. The landlord has informed the tenants that on the 6th of April he will issue tenancy agreements,the rents will increase by as much as 20%,(the reason given. I will have to pay tax on rent received.) The landlord has stated if anyone causes problems over this he will evict all the tenants and after a short period invite back the tenants which did not cause him any problems.

Any advice would be helpful.

MrShed
19-03-2006, 08:54 AM
When did you first move in? What was the initial fixed term?

Mago
19-03-2006, 09:24 AM
Hi,
I moved in in 2003,there was no fixed term given,the previous landlord was a friend who rented me a room,(three rooms in total were rented to individuals,) in the house at the time and until his death I was told that I was welcome to do so for as long as I wished,unfortunatly he passed away,and the situation has changed for the worst.

MrShed
19-03-2006, 09:30 AM
In that case I believe your fixed term is automatically 6 months. I'm afraid there isn't all that much you can do. Landlords of assured shorthold tenants have the right to evict tenants for no reason provided sufficient notice is given, and you are well outside of any security of tenure you may have had. The only slight positive I can see is that because there is no written contract, the landlord would not be able to evict on an accelerated procedure, so would take slightly longer to evict you. But this would merely be putting off the inevitable.

My only other thought is that by providing you with the new rent books etc he MAY have created a new tenancy. I very much doubt it, but await clarification(to be honest I have little knowledge of tenancies using rent books). However, again this would result in nothing other than putting off the inevitable. You will in the end either have to pay the increased rent or move out.

Mago
19-03-2006, 09:52 AM
Hi Mr Shed,
thanks for your prompt reply,would the following enter into the equation?
When my new landlord took over. I was in receipt of HB,my landlord issued me with a letter(for The Housing Benefit Dept.)the letter confirmed the fact that a new landlord had taken over and that my tenancy would be continued. The letter was duly copied by my local HB Dept and the original give an offical stamp and returned to me.

MrShed
19-03-2006, 09:53 AM
I know precious little about HB, and so others will be able to advise better than me. However, I would not have thought this would make any difference....it is just keeping HB department up to date, nothing more, from what I can see.

Mago
19-03-2006, 13:02 PM
Would the fact that the landlord confirmed in writing(that I had been an ongoing tenant of some 2 1/4 yrs be of any benefit to me.) I am usure of what a sitting tenant is,and if that discription applies to me?

pms
19-03-2006, 22:09 PM
Would the fact that the landlord confirmed in writing(that I had been an ongoing tenant of some 2 1/4 yrs be of any benefit to me.) I am usure of what a sitting tenant is,and if that discription applies to me?

Has the landlord issued you with a tenancy agreement? You can under S2 L&T(1985) ask for notification of the landlords name, address etc.It would seem from your post that your landlord is not "playing ball" as the threat that he has made is "technacally harrasement".There is nothing in law that says you have to sign anything and as to your question of "sitting tenant" provided you have a current valid tenancy agreement you could be classed as a "sitting tenant" regardless of if you have an ast or a spt.

MrShed
19-03-2006, 22:53 PM
Although I would disagree that it is technically harrassment in any way, pms does actually make a valid point in that AFAIK any eviction notice will be invalid unless a Section 2 has been issued.

davidjohnbutton
19-03-2006, 22:54 PM
This tenancy could not be classed as a "sitting tenant" one - see http://www.government-accounting.gov.uk/current/content/ga_24_7.htm

The tenancy began in 2003 - it will therefore be an assured shorthold tenancy of an initial six months IN THE ABSENCE OF ANY OTHER PAPERWORK STATING OTHERWISE. After the initial period - whatever that was - it then reverts to a statutory periodic assured tenancy which can be terminated by S21 notice in the usual way EXCEPT that the landlord cannot use the acellerated possession process if there is no written agreement available.

The mere provision alone of issuing a rent book does not confer a fresh agreement unless additionally the agreement was made orally (parol) or written at the time. On its own, the rent book is only evidence of rent due and paid and is a legal requirement where the rent is due weekly (even if the actual frequency of payments is monthly in advance or fortnightly etc.)