How safe is my Tenancy ?

[45002]

Hi Everyone

Im from the west midlands and 50 years old now and a disabled person

I been living in my flat now for near 25 years which is part of a old victorian house.

My rent is regulated by the 1977 Rent act The Rent Service (TRS) - impartial, professional, rental valuation services in England and i never signed any tenancy agreement i never been offered one, all i have is one of those little green rent book you get from a local newsagent.

My landlord told me back 2006 that is was going to sell up and wanted everyone out,at the time i told him i was a sitting tenant which he found very funny and said its my house i can do what i like and you will have to go.

Anyway there no loved lost between me and my landlord,i contacted my Local council private tenants dept who advised me that my landlord would have to sell the house with me in it.

The house went on the market in spring this year and once the For sale sign went up loads of people kept coming around to view the house about 30 people came around in total and all of them expect one person, where not intrested in buying the house with a sitting tenant in it.

The person who was intrested in buying the house agreed to keep me on,but to cut a long story short that sale fell through.

All this was around spring time early on in the year,but not untill December 07 i found out the sale had fell through.

At the start of December my landlord told me the house was going on the market again and it was at this time i told my landlord, if estate agents,surveyors,and and one who wish to view my flat,my landlord must give me 48 hours or more notice someone wants to view my flat.

My landlord turned around to me and said its my house and i will arrange dates and times to suite him and not me,i told him unless he gives me advance notice,No one will be coming into my flat.

Estate agents,surveyors and buyers have been around the house in the past 4 weeks or so,but have not been able to get into my flat as my landlord has not givern me any sort of notice of there vist.

I then contacted Community Legal Advice who also advised me that the house would have to be sold with me in it,they also advised me my landlord may or may not be able to get a court injunction forcing me to show people around my flat,but givern my landlord is not even adivising when people are coming around a court injunction is unlikely.

Im now wondering who is going to buy a large victorian house,with one sitting tenant ME,my rent is £55.00 pound a week,my landlord or any new landlord has to bear the cost of the council tax and water rates due to what the rent office has stated in the rent register.

Im just worried now my landlord or any new landlord would start a Dirty tricks campaign to get me out ? thats if the house is ever sold with the housing market going down the pan fast.

I do hope you all can understand me and lookforward to hearing from you

MARTIN

[MrShed]

Fairly short answer. Rent Act tenants have extremely high security of tenure. Indeed it would be very unusual for a tenant to be evicted unless he had done something VERY wrong - which needless to say, you havent. You have nothing to worry about with regards your tenancy. I would start documenting everything to do with the situation as of now, as any "dirty tricks" campaign as you call it, could well constitute unlawful eviction and/or harrassment, both of which are serious offences.

As a point of note, houses with sitting tenants, as a rule of thumb, generally get around 50% of full market value.

[45002]

Originally Posted by MrShed

Fairly short answer. Rent Act tenants have extremely high security of tenure. Indeed it would be very unusual for a tenant to be evicted unless he had done something VERY wrong - which needless to say, you havent. You have nothing to worry about with regards your tenancy. I would start documenting everything to do with the situation as of now, as any "dirty tricks" campaign as you call it, could well constitute unlawful eviction and/or harrassment, both of which are serious offences.

As a point of note, houses with sitting tenants, as a rule of thumb, generally get around 50% of full market value.

MrShed,thankyou for the reply and a very happy 2008 to you

Since my landlord told me he was selling up back in 2006,i been documenting everthink that has been going on since just incase ?

Problem with my current landlord he and his wife never tell me anythink

Give you a example when the houses in multiple Occupation (HMOs) licencing came into force,all hell broke out,my landlord wanted to come around and throw out my furniture out as he was saying it did not come up to HMO standards,i told him after seeking advice that HMO only applied to Landlords furniture,but no he wouldnt have that and said he would come and kick my door down and throw it out.

After contacting Private tenancy dept at my Local council "again" he had to back down.

We all use to get on so well at one time,when he cant his way, he blows up at you saying its my house i can do what the bloody hell i like in it.

Did find out once from the tenant downstairs told me,that when he went shopping he came back to find a note inside his flat saying.

Please could you open your curtains open dueing the daytime and leave your windows open

This is no joke,glad he not got keys to my flat

As a point of note, houses with sitting tenants, as a rule of thumb, generally get around 50% of full market value.

Does make me wonder will he ever be able to sell the house with me and my neigborough in it ?

MARTIN

[MrShed]

He WILL be able to sell it, it just depends on how much he is willing to sell it for

Put it this way, I would be amazed if the property gets more than 60% of full market value. In some ways, it actually comes down to a lot more than just the security of your tenancy. It is fairly common for landlords with sitting tenants wishing to sell, to offer the tenants a payoff to relinquish their rights, as sitting tenants do have such strong rights. These payoffs are quite commonly 5 figure sums.

[45002]

Originally Posted by MrShed

He WILL be able to sell it, it just depends on how much he is willing to sell it for

Put it this way, I would be amazed if the property gets more than 60% of full market value. In some ways, it actually comes down to a lot more than just the security of your tenancy. It is fairly common for landlords with sitting tenants wishing to sell, to offer the tenants a payoff to relinquish their rights, as sitting tenants do have such strong rights. These payoffs are quite commonly 5 figure sums.

My landlords name is Mr.Scrooge,I would not go down that path anyway as i would be worse off money wise,i would loose some,most or all of my Housing benefit,and i would also end up paying council tax and water rates,which i do not pay now due to what The rent office states in the rent register.

MARTIN

[MrShed]

Sorry, but that makes no sense. Your benefits are dependant upon you, not your property - other than housing benefit, but HB allows up to market value rent, and you will be paying significantly below market rent?

[45002]

Originally Posted by MrShed

Sorry, but that makes no sense. Your benefits are dependant upon you, not your property - other than housing benefit, but HB allows up to market value rent, and you will be paying significantly below market rent?

Sorry does this help

I do not get Full housing benefit as im on Incapacity benefit just over £100 a week and (disability living allowance which does not count) ,which is way over the income surpport level

and to quote The rent Register in my case

Tenancy details:

Council Tax borne by Landlord

who ever that may be

Ofter rates borne by Landlord

who ever that may be

If i moved i would end up paying council tax,and also i would not get Full council tax Benefit, all this was worked out for me by Local CAB,so im better off where im living now

MARTIN

[MrShed]

I must admit benefits are not my strong point. However, this does not sit entirely right with me. I would probably have this re-assessed by someone other than CAB(they mean well, but in my experience do not always give the best advice). In particular, your housing benefit entitlement will not change(although your personal contribution may).

That said, if you want to sit it out, you are clearly entitled, and you will be on a very cheap rent. I just think that offering to leave for a big cash payout, especially if most of your rent would be covered by HB anyway, is a potentially lucrative option for yourself.

[45002]

Originally Posted by MrShed

I must admit benefits are not my strong point. However, this does not sit entirely right with me. I would probably have this re-assessed by someone other than CAB(they mean well, but in my experience do not always give the best advice). In particular, your housing benefit entitlement will not change(although your personal contribution may).

That said, if you want to sit it out, you are clearly entitled, and you will be on a very cheap rent. I just think that offering to leave for a big cash payout, especially if most of your rent would be covered by HB anyway, is a potentially lucrative option for yourself.

The income surport rate for single male for me would be £59.15,as my Incapacity benefit just over £100 a week,i do not get Full housing Benefit and i would not Full council tax benefit if i paid council tax,also i Do not get Free NHS prescrption as my money paid to me is offer £59.15.

And offering to leave for a big cash payout,i would have to declare this money to Housing benefit dept and depending on how much the cash payout was, it would reduce or even stop my Housing benefit all together.

The more savings i have the lower the amount of HB i would get or non at all
DWP - Services and benefits - Housing Benefit

MARTIN