Being evicted after 17 years (of no problems)

[Ripley2008]

Hi, firstly, I do hope this is the correct place to ask this, I appologise if it's not. Feel free to move it to where it belongs.

 

I have a good friend that has lived in the same, privately owned flat for over 17 years. It's above a small shop and the original owner has recently past away. His daughter has become the new owner and she wishes to sell the property to a 'housing association', as soon as possible.

 

Although she has'nt verbally said anything direct, she has insinuated that my friend will become homeless when the sale is done.

 

My friend has always been on time with her rent, kept the flat in excellent condition and generally treated as a beloved home, where she's been extremely happy.

 

I was wondering if anyone knows of any rights she may have. What amount of notice she could expect. If there is any chance that she could be deemed a 'sitting tennent' - if in fact that still exists. Or does she just have to pack up and go.

 

She DID call the local council, but all they told her was that as she is single, with no children, then she would'nt be entitle to any type of council dwelling for a few years, at least.

 

I do hope someone can help with some advice as to where she can go next, and humbly await any replies. Thank you in advance.

[MARTIN3030]

Hi,

I will move this to the correct forum.

Please be patient-someone will answer soon,

Sorry that its not my area.

[raydetinu]

This is one for Edd! go buddie!

[ihateyes]

i do believe the landlord with correct notice, can sell the property. not sure what the notice is though.

[raydetinu]

yep they can sell it ok, dont need to give notice of that, just inform; but not sure about tenants rights!

[Steve__M]

Is there a contract in existence?

 

If it was originally an AST (by default or otherwise) and not renewed then it would now be a periodic tenancy where 2 rental month's notice is required.

[45002]

Tenant moved in approx 1994

 

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

 

Assured Tenancy !

 

You are likely to be an assured tenant if:

 

• you pay rent to a private landlord and
  
• you have control over your home so that your landlord and other people cannot come in whenever they want to and
  
• your landlord does not live in the same building as you and
  
• 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.
  

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

 

LL going to have to sell with tenant in place,little chance of getting a possession order if it is AT ?

[Ed999]

Well folks, you spotted the killer point quickly: we have here a tenancy granted before the 1996 Housing Act.

 

The key question to ask the o/p is this: was the tenant given a statutory notice before the tenancy was granted?

 

You can't tell whether a tenancy is a secure Assured tenancy or not, simply by looking at the contract/agreement. It is Assured if NO statutory notice was given, or if one was given AFTER the tenancy began, or if an INVALID notice was given.

 

Over to you, then, Ripley. Please ask the tenant, and then let us know what she says.

[45002]

Could even be a Assured tenancy,using succession rights from a Regulated tenancy.

 

 

Over to you, then, Ripley. Please ask the tenant, and then let us know what she says.

[Ripley2008]

Thank you everyone,

 

I'll try to pop and see her tomorrow, and ask. Then post what she says.

[Ed999]

You can't tell whether a tenancy is a secure Assured tenancy or not, simply by looking at the contract/agreement. It is Assured if NO statutory notice was given, or if one was given AFTER the tenancy began, or if an INVALID notice was given.

 

 

I ought to explain what I meant by an invalid notice.

 

The statutory notice which was required under the Housing Act 1988, in order to create a valid shorthold tenancy, was a prescribed form.

 

There were lots of traps in the form itself, any of which could cause the notice to be invalid, so that the result would be a secure Assured tenancy, instead of the intended shorthold.

 

But the typical problem I had in mind was the 'hand made' form: i.e. giving a purported notice in writing, but not using the - mandatory - prescribed form.

 

 

The requirement to give the tenant this type of notice - a Section 20 notice - is abolished for tenancies granted after 28 February 1997, for residential tenancies.