Tenancy Rights

[ladywoman]

Hi everyone.  Does anyone know what rights you have as a tenant for over 30 years on an AST in regard to eviction or rent increases. Thanks.

[DDIL]

good evening 

try here
 

https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords#:~:text=Many%20ASTs%20start%20with%20a,sure%20of%20your%20tenancy%20type.

[Buenchico]

Housing law is different in England and in Scotland.  (Wales and Northern Ireland basically follow the English model).  Assuming that you're in England though, the simplest answer to your question is "Very few indeed".

Your landlord is free to evict you at any time, without giving any reason at all, simply by giving you two month's notice under 'Section 21':
https://england.shelter.org.uk/housing_advice/eviction/eviction_of_assured_shorthold_tenants

Your landlord largely has control over the rent you pay too:
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

The previous government planned to largely abolish 'Section 21' evictions (although there were to be some exceptions, such as when a landlord wanted to sell a property or to move into it) and introduced the Renters (Reform) Bill into Parliament.  However that was abandoned when the General Election was announced.  Labour have promised to do something similar but there's no new Bill before Parliament yet.

[ladywoman]

Thanks Buenchico. We are in Wales so I guess as you say it's the same law as England. Seems so unfair that after 30 years unblemished tenancy you're not deemed to be a sitting tenant. When do you become one?

[Buenchico]

" . . . you're not deemed to be a sitting tenant. When do you become one?"

Under an Assured Shorthold Tenancy, never 😩

It's only under a Regulated Tenancy that one becomes a 'sitting tenant' when a landlord dies or sells the property (with the new owner then automatically becoming the new landlord).

[Buenchico]

My knowledge of the rules that apply in Wales is very sketchy but this looks as if it might make things clearer for you:
https://www.citizensadvice.org.uk/wales/housing/check-how-the-welsh-renting-rules-are-changing/

[Old_Geezer]

Personally were I to presently be renting out a dwelling I'd be desperately looking to regain it and sell up. The law seems unable to accept who actually owns the place, and who ought not be free to change things as per their whim.  And the suggested new so called rights the government are threatening to bring in ensures only large renting companies can put up with the stress.  Just not worth it for those with one, maybe two, properties.  I foretell a drastic lack of rentable properties in the future, coupled with those without home ownership still finding it difficult to get the deposit together.

[Peter Pedant]

s.21 - as Buenchico says

rent increases - at present - did you really have no rent increases for 30 y ?

anyway he can increase  it to what he wants - it  is above market level then move to a cheaper property

sitting tenants and so on ( succession rights to your son etc) are old pre 1988 law

[Peter Pedant]

Personally were I to presently be renting out a dwelling I'd be desperately looking to regain it and sell up. 

no, no there are profits to be made in the property market. The uncertainty just means that rents go up and not  down.

[Old_Geezer]

Not if you are small enough not to lose control of your own place. There are other investment opportunities.

[ladywoman]

Hi Peter, no I didn't say no rent increases for 30 years.  I said we had an unblemished tenancy for 30 years! Anyway thanks for your input.

[ladywoman]

Thanks again Buenchico and everyone for all your input, it's so appreciated.

[Peter Pedant]

Hi Peter, no I didn't say no rent increases for 30 years. 

then you will know the answer to at least .... half of your question

[Peter Pedant]

Not if you are small enough not to lose control of your own place. There are other investment opportunities.

double negative

There are other investment opportunities. er this about tenancies innit?

[Old_Geezer]

And it's expanded to say how unattractive it is to offer one these days.

[Boto]

Nearly everything is in the tenant's favour.  I know of at least 3 landlords who are selling up because of the hassle.

[ladywoman]

Hi, what if the house is sold to someone  else. Where would we stand then? 

[ladywoman]

Do we have any rights to be able to stay there after 30 years and can the new landlord increase the rent disproportionately in order to get us to leave?

[barry1010]

"Landlord is selling the house shorthold tenancy

When a landlord sells a house with a shorthold tenancy in place, the tenancy agreement remains valid and continues to bind both the landlord and tenant. Here are key points to consider:

Tenancy Continues: The sale of the property does not automatically terminate the tenancy. The tenant’s rights and obligations under the existing agreement remain unchanged.

New Owner’s Obligations: The new owner of the property (the buyer) becomes the landlord and is responsible for fulfilling their obligations under the tenancy agreement, including maintaining the property and respecting the tenant’s rights.

Notice Period: If the new owner wants to end the tenancy, they must serve the required notice period (usually 2 months) to the tenant, as specified in the tenancy agreement or Section 21 of the Housing Act 1988.

Tenant’s Rights: The tenant retains their rights under the tenancy agreement, including the right to occupy the property until the end of the agreed term or until a valid notice is served by the landlord.

No Immediate Eviction: The new owner cannot evict the tenant by force or without following the correct legal procedures. Any attempts to do so may be considered illegal eviction.

In summary, when a landlord sells a house with a shorthold tenancy, the tenancy agreement remains in effect, and the new owner must respect the tenant’s rights and obligations until the tenancy is lawfully terminated."

 

This is an AI summary that is factually correct

[ladywoman]

Thanks barry1010. Really helpful, thank you so much and thank you again to all who have offered advice.

[barry1010]

I hope all goes well for you, ladywoman.