Here is a question to the blog clinic from Abbie who is a tenant
I have rented a property in London since 1993 and the rent has never increased.
The owner has never done anything to the property, I have maintained it, painted and looked after it as my own. There is a large damp patch in the dining room that I have been asking to be repaired for nearly 2 years now.
I have now been told that the owner has passed away and that nothing can be done until they sort out the estate.
- I have not had a contract since 2004.
- Can I insist on repairs as a paying tenant?
- Do I have any rights?
- Can they continue to refuse to do repairs?
- Do I have any rights as I have been there so long?
- Do I qualify as a sitting tenant? If they decide to sell the property where do I stand? Do I get first option to buy it?
- Can they give me notice at any time?
You may be in quite a good position.
Tenants who first moved into their rented properties between January 1989 and February 1997 may have the stronger rights of assured tenants.
It depends on whether your landlord complied with the special procedures required at that time to create an assured shorthold tenancy (see here and here for guidance on the rules).
If your landlord failed to comply with the procedure (or if he did but his executors do not have the paperwork and are so unable to prove it) then you will have an assured tenancy (or they will not be able to prove that you don’t which is effectively the same thing).
Assured tenants have long term security of tenure as they cannot be evicted under section 21.
This means that:
- If you threaten to sue the landlord (or his executors) for compensation and for an injunction ordering him to do repairs work, he will not be able to evict you first
- The landlords/executors cannot evict you under section 21 to allow them to sell the property with vacant possession. So unless you move out voluntarily they will only be able to sell the property with you as a sitting tenant
- If the landlord/executors want to sell with vacant possession you may be able to negotiate a payment in exchange for moving out – but note that you do not have any RIGHT to such a payment, you will only be able to negotiate this if they are anxious to get the property back
However
- You do not have any rights to buy the property
- If the repair work is done, the landlord/executors will be entitled to a higher rent (for example via the rent increase notice procedure under s13 of the Housing Act 1988) so if you are on a fixed income it may be better to leave things as they are
Note also that you don’t get any special rights just because you have been in the property a long time.
If you are an assured tenant, you may be able to find a solicitors firm willing to act for you on a no win no fee basis if you want to get the repair work done.
Colin Lunt says
September 19, 2013 at 11:04 AMAbbie mentioned that she had not had a contract since 2004. That document is likely to be irrelevant, because as Tessa says, the main consideration for your status is what documentation was created in 1993. Rent increases. The landlord’s estate may decide to increase your rent regardless of whether you take further action on the damp issue; they can do that informally by mutual agreement or use S13 as advised by Tessa. The market rent is likely to be considerably higher than you are paying at present, perhaps double or more, despite the repair needed.
Whomever told you that they can not do anything about the repair until the estate is settled is likely to be wrong as the executors have a duty to pay bills and receive income due to the estate. The local council Environmental Health services may be able to assist in securing the repair is the damp has been caused by a structural defect. They would contact the executors or the late landlord’s solicitor for you. The Council services are free – but it still leaves the issue of the rent to be settled. It might be that you will no longer be able to afford it. Check local rent levels before negotiating or risking a Section 13 application.
JamieT says
September 19, 2013 at 3:16 PMUnless the original fixed term was for more than 7 years, the landlord still has the obligation to repair, but I don’t understand why this repair would entitle the landlord to a rent increase?
Having said that, assuming the assured tenancy is now periodic, the landlord can serve a Section 13 Notice at any time (and they’re quite likely to if someone else is about to inherit it anyway). If the tenant disagrees with the increase it will go to the RAC and if it hasn’t increased for 20 years they are more than likely going to agree to it provided it relects market rents for the area.
To answer the other questions, Yes, I think you can insist on the repair work being carried out. Your landlord will almost certainly be responsible for fixing anything causing a major damp patch (unless it’s condensation) and no, they should not continue to refuse to fix it (although you may want to be patient a little longer if the land has only just died).
In terms of getting the actual repair done, the administrator of the estate should be able to approve expenditure before probabte is granted. If they refuse to repair or the landlord died intestate (without a will) and no one applies for letters of administration then you’re a bit stuck. In either of these scenarios you should consider arranging the work yourself and deducting it from your rent but it is vital you follow the correct procedures. See link for info:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs
JamieT says
September 20, 2013 at 11:38 AMHaha, my post is almost exactly the same as Colin’s! I started typing the response in the morning and didn’t get to finish it until the afternoon. I didn’t see your post inbetween.
Good top see thre is some concensus.
David Reaney says
September 20, 2013 at 4:36 PMFor what it is worth ‘RAC’s no longer exist in England since 1st July 2013. It is now ‘1st tier tribunal’.
My thanks to a poster on Property118 who drew that to my attention.
Incidentally, the ‘prescribed form 4B’ has not been updated, so a legally correct section 13 notice still tells a tenant to refer it to a non-existent organisation!