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spicy_
06-12-2011, 14:30 PM
Hi

I have a tenant who rents a room from me (I inherited this tenant when I bought the property). I've raised his rent in the past, giving him 4 weeks notice and he's always complied. Now i've just tried to raise his rent for this year and he's asking me to confirm in writing what tenancy I think he has. He is claiming to be a sitting tenant and wants me to issue a notice for rent rise using the form for assured tenants. However as far as I'm concerned my conveyancing solicitor told me he was an assured shorthold tenant, although I have since had the tenant's paperwork looked at by a barrister and apparently there is no proof that the section 20 notice was given to the tenant therefore that oversight could make it look as if the tenant is an assured tenant .

My question is can I tell the tenant that he has the 4 weeks notice and that if he's not happy about the rent rise then he can get legal advice if he is disputing the tenancy?

jjlandlord
06-12-2011, 14:37 PM
The statutory notice (in prescribed form) for rent increase (section 13) applies for both periodic assured and periodic assured shorthold tenancies.

Regarding "section 21" notice, I believe you mean a section 20 notice: This was a notice to be served in order to create assured shorthold tenancy before 1996 (not sure about the exact date).
You say you have the tenant's "paperwork", so the question is when did he become a tenant at the property?

Tip: When asking a solicitor for advice, make sure to enquire about their level of expertise in tenancy law.

thesaint
06-12-2011, 14:38 PM
You have used the term "sitting tenant" incorrectly.

Interlaken
06-12-2011, 14:41 PM
Really you should go back to the files of the conveyancing solicitor and check for an AST or whatever before negotiating with the tenant further. Where is the paper work?

If a mistake has been made then you should be looking for re-dress as the property could be significantly devalued.

jta
06-12-2011, 14:59 PM
This is a separate property from the one you live in?

Mrs Mug
06-12-2011, 15:34 PM
Does this thread relate to any of these previous threads?

http://www.landlordzone.co.uk/forums/showthread.php?36574-Assured-tenant-rent-rise-question

http://www.landlordzone.co.uk/forums/showthread.php?26490-HMO-tenant-wont-sign-contract

http://www.landlordzone.co.uk/forums/showthread.php?25862-Local-rent-assessment-meeting-any-tips

http://www.landlordzone.co.uk/forums/showthread.php?25736-Resolving-issues-with-a-1995-tenant

http://www.landlordzone.co.uk/forums/showthread.php?24182-Advice-regarding-sitting-tenant

http://www.landlordzone.co.uk/forums/showthread.php?23359-Can-new-L-evict-T-of-HMO-who-does-not-in-fact-reside

45002
06-12-2011, 15:53 PM
Does this thread relate to any of these previous threads?

http://www.landlordzone.co.uk/forums/showthread.php?36574-Assured-tenant-rent-rise-question

http://www.landlordzone.co.uk/forums/showthread.php?26490-HMO-tenant-wont-sign-contract

http://www.landlordzone.co.uk/forums/showthread.php?25862-Local-rent-assessment-meeting-any-tips

http://www.landlordzone.co.uk/forums/showthread.php?25736-Resolving-issues-with-a-1995-tenant

http://www.landlordzone.co.uk/forums/showthread.php?24182-Advice-regarding-sitting-tenant

http://www.landlordzone.co.uk/forums/showthread.php?23359-Can-new-L-evict-T-of-HMO-who-does-not-in-fact-reside

If it is the same tenant http://www.landlordzone.co.uk/forums/showthread.php?26490-HMO-tenant-wont-sign-contract

And moved in approx 1990

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies


you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy.

And No notice was severed by the Original LL

And


Hi

I have a tenant who rents a room from me (I inherited this tenant when I bought the property)

and is the tenants 2nd landlord

It's a Assured Tenancy and signing AST all the time is worthless and pointless

and

http://england.shelter.org.uk/get_advice/complaints_and_legal_action/tribunals/rent_asssessment_committeees