possible breach of tenancy act

[saturday night drive in]

here we go again would anybody know what section of any tenancy or housing act is in breach if your land lord trys to remove or stop you using a section of your home that you have been using and is on your rent registration i.e my landlord is trying to stop me using the roof terrace that i have used for the last 30 years . i am a protected tennant thanks for any help

[BRIGADIER2JCS]

What reason has been given for this???

[saturday night drive in]

i have a flat with a terrace roof,

now the freeholder sold the flat to my new land lord without the use of the terrace so as to try and force me not to use it

for hanging out washing and sitting on , which i have used for 30 years.

 

now the LL tells me i cant use the terrace even though it is included on my rent registration

either my LL or the freeholder has breached something as some one is trying to take away something that i have paid rent on for the last 30 years,

 

i have a protected tenancy, its almost like selling a house but you cant use the other half cause you dont own it even though you have been the only person who can use it,

its real complicated.

 

i have a back door that leads out onto the terrace area and im the only person who can use it, someone has done something wrong, i hope this makes sense

[BRIGADIER2JCS]

I've flagged this for the site team to see if anyone has any ideas.

IMO the land lord old or new is in the wrong.

[45002]

I've flagged this for the site team to see if anyone has any ideas.

IMO the land lord old or new is in the wrong.

 

For reference OP has a Regulated Tenancy/1977 Rent act,see previous posts on this subject ...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?317409-washing

 

saturday night drive in

 

You need to contact your local council housing dept and speak to private tenancy unit and get them to sort this out.

 

What your LL is doing is harassment and she cannot stop you using something you been using for 30 years

Edited March 31, 2012 by 45002

[dx100uk]

so you have two usernames?

 

dx

[saturday night drive in]

yes sorry, could not remeber my last one , not the worlds best at this computer stuff

 

but i would like to thank everybody for their help

[dx100uk]

ok i'll see what i can do to merge them.

 

dx

[saturday night drive in]

spoke to local council private tenacy department ..... basicaly they dont want to know as im not on benefits or an ethnic minority.. suggested I go and see a solicitor.just wondering if I should acknowledge the letter I received as my wife seemed to think that if I ignored them, then they could in fact say that I as I did not reply to their letter then I am accepting what they want.. could they do this ?

[Steve__M]

i have a flat with a terrace roof,

now the freeholder sold the flat to my new land lord without the use of the terrace so as to try and force me not to use it

 

Don't know much about this myself.

 

What do you mean by the above? Do you mean the freeholder has sold a leasehold of the flat to the new landlord?

 

Does the freeholder still own the terrace or is that included in the lease?

 

When the new landlord bought the flat, were you involved in any way - ie. asked to sign any paperwork and so forth?

 

Is there an ulterior motive - ie. do they have plans for the terrace? Why do they want to stop you using the terrace (or is it just they don't like your laundry being hung out there?).

 

Is the new landlord a real separate person, or is the new landlord related to the freeholder (ie. it's some sort of wheeze)? If the new landlord is a separate person then it maybe that they've been misled or been stupid in buying the flat without checking up on things first.

 

I guess what I would do would depend on the answers to the above.

[saturday night drive in]

ok its complicatedI have been in the property for 28 years with 1 landlord as a protected tenant and used the terrace area which is connected by my back door no problem property is sold new owner wants me out so they can convert flats, I wont go so they try to get planning to convert terrace to pitch roof, council says get stuffed they then harrass me about washing which has been put in the same place for 28 years, i tell them they cant stop me they back down but they are not happy so they sell my flat to a new landlord without the use of the terrace, im still using the terrace as i have always done , so then the owner tells the new landlord to stop me using the terrace, i get a letter from new landlord stop using terrace as we dont rent this to you ect ect so someone has done a sneaky and sold the flat knowing that we have the right to use the terrace area hoping that the new landlord will give us aggro , now the new land lord are a right dodgy lot called regency property management , they are a big company but have been on watchdog causing problems to other tennants so i think that kind of fills you in on the situation

[45002]

saturday night drive in

 

Object to any planning application they may make

 

Your LL is bound by what ever you where renting when you 1st moved in 28+ years ago and cannot take the terrace away/stop you from using it..

 

did you ever find a copy of the ordinal tenancy agreement ?

 

As the council where not much help to you,go to your local Shelter office,don't ring there main number

 

http://england.shelter.org.uk/home

 

Put your full postcode in and click search

 

They may be able to help you on your behalf or point you to a local solicitor specialising in Housing....

Edited April 10, 2012 by 45002

[saturday night drive in]

I have about 10 years worth of registered rent documents which clearly state the use of what they call a patio, this year its suprise surprise been omited from my rent registration document i also have lots of letters from my first landlord abut the use of the area and a letter about refurbishment and new tiles, so i have plenty of proof that i have paid rent and used this area shelter is my next port of call should they start getting nasty ,, i can really say shelter are a big help and have helped on several occasions

[saturday night drive in]

would anybody happen to know where i can find a copy of the tenacy act on the internet? does anyone have a link please?

[45002]

would anybody happen to know where i can find a copy of the tenacy act on the internet? does anyone have a link please?

 

1977 Rent act,as amend

 

http://www.legislation.gov.uk/ukpga/1977/42

[saturday night drive in]

hi thankyou , what a lot to read !!!i was unable to find any section that said that as a new landlord taking over an existing protected tenancy then the landlord takes everything over as was the previous tenacy, I dont know if im looking at the right act are there different acts for harrassment ect?im basicaly going to be threatened again ( harrassed) to stop using the patio and i want to write a letter back saying you took this on and if you or your cohorts have changed my use of the patio terrace then you have breached an act of law quoting said section of the act , if you understand what i mean , thus telling them to poke it in a professional way many thanks for your help

[45002]

hi thank you , what a lot to read !!!i was unable to find any section that said that as a new landlord taking over an existing protected tenancy then the landlord takes everything over as was the previous tenancy, I dont know if im looking at the right act are there different acts for harassment ect? im basically going to be threatened again ( harassed) to stop using the patio and i want to write a letter back saying you took this on and if you or your cohorts have changed my use of the patio terrace then you have breached an act of law quoting said section of the act , if you understand what i mean , thus telling them to poke it in a professional way many thanks for your help

 

 

Your looking at 1977 Protection from eviction act

 

http://www.legislation.gov.uk/ukpga/1977/43/contents

[saturday night drive in]

ahh! most usefull thankyou very much

[saturday night drive in]

wow! really think my landlord is in breach of protection of eviction act by trying to deprive me the use of the terrace, now would the free holder having sold the property to my new land lord knowing that i had a protected tenancy but telling the new landlord that they have sold the property to the new landlord with out the use of theterrace area br liable tfor fraud , as they had not told my new land lord the details of the tennacy and so were led to decieve the new landlord ? just a thought

[saturday night drive in]

is it a crimanal offence to not offer the tenant the right first to bye the property they live in or can the freeholder sell to anybody they like

[BRIGADIER2JCS]

Nothing criminal at all the qwner can sell at any time.

There is no right to buy on privately owned properties.

Most LLs I think would offer the chance to buy.

[saturday night drive in]

thanks for your help

[45002]

Nothing criminal at all the qwner can sell at any time.

There is no right to buy on privately owned properties.

Most LLs I think would offer the chance to buy.

 

Incorrect....

 

The rights of first refusal -Part 1 landlords and tenants Act 1987 (as amended by the 1996 housing act)

 

Page 54

 

http://www.communities.gov.uk/documents/housing/pdf/leaflet.pdf

 

What if the landlord fails to comply?

If the landlord fails to comply with the first refusal procedure and sells to

someone else without giving the qualifying tenants the opportunity to buy, or

he sells on better or different terms after the qualifying tenants have rejected

the offer, the landlord commits a criminal offence punishable by a level 5

fine (maximum £5,000). In this context ‘better or different terms’ means

better from the qualifying tenants’ point of view: the price must not be lower

and the other terms must correspond. This is to prevent landlords offering an

unrealistically high price which the qualifying tenants would reject, in order to

sell at the ‘right’ price to a favoured purchaser.

57

In most cases where the landlord has sold his interest without following the

procedures in the 1987 Act, the qualifying tenants have a statutory right to

buy the property from the purchaser at the same price as was paid and on

the same terms. The purchaser must inform the qualifying tenants of their

rights when they notify them of the transaction. Failure to do so is a criminal

offence punishable by a level 4 fine (maximum £2,500). The time limits for

the tenants to exercise their rights do not start until they have been

notified.

 

is it a criminal offence to not offer the tenant the right first to bye the property they live in or can the freeholder sell to anybody they like

 

Yes

 

Under certain circumstances,Regulated tenant have the right to buy

 

Page 43

 

http://www.communities.gov.uk/documents/housing/pdf/138295.pdf

 

But

 

You would need to see a Solicitor,specialising in housing law to see if you qualify ?

Edited April 13, 2012 by 45002

[saturday night drive in]

well im a protected tenant and i dont recall my previous landlord offering me the place to buy, though it went to auction so i suppose i had the chance then so it was not a total secret deal done by my LL and the freeholder though they are both working together to get me out , but proving this is another matter would they needed to inform me in writing that they would offer me the flat first or would a verbal " do you want the flat" count.im sorry to be a bit picky and ask daft things but i just get a bad feeling that something is not right

[45002]

well im a protected tenant and i dont recall my previous landlord offering me the place to buy, though it went to auction so i suppose i had the chance then so it was not a total secret deal done by my LL and the freeholder though they are both working together to get me out , but proving this is another matter would they needed to inform me in writing that they would offer me the flat first or would a verbal " do you want the flat" count.im sorry to be a bit picky and ask daft things but i just get a bad feeling that something is not right

 

I most point out again

 

Under Certain Circumstances

 

RT have the right to buy !

 

You would need to see a Solicitor,specialising in housing law to see if you qualify ?

Edited April 13, 2012 by 45002