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25+ years tenancy with no contract - where do you stand?

Started by GILLIAN MCLANDLORD, June 09, 2018, 08:17:51 AM

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GILLIAN MCLANDLORD

My aunt is 85 and has rented a flat for 25+ years with her son who is 52.  Originally, all was great as she dealt with the owner for years.  He died and his nephew took over the portfolio.  She has no contract (doesn't remember getting one as it was all on friendly terms then) and has sent 3 recorded delivery letters to him to ask if her son could be added to the contract so he could stay on if anything happened to her.  She has had no reply.  Her rent is slightly below market value but fair considering nothing has been changed since they've lived there, one gas fire provides the heating and she pays for decorating and carpets.  It doesn't sound like she has an EPC (hasn't had anyone round to do the check and I don't think the flat would pass).  How can she find out her rights without a contract?  She signed something a couple of years ago to agree to a small rent increase.

I'm guessing if she died and the landlord found out then he would issue a new contract to my cousin (probably put the rent up) or evict him.  I've suggested that my cousin starts to pay the rent from his account now as the landlord wouldn't care as long as it gets paid.  That way if he ever has to live there on his own the landlord wouldn't notice straight away.

They are dream tenants as always pay on time and never complain.  Any advice gratefully received.

Simon Pambin

25 years ago would put it into the realm of the Assured Tenancy. If so, this may be a handy read: https://england.shelter.org.uk/housing_advice/private_renting/assured_tenancies

Note that it speaks of tenancies being inherited by cohabiting partners but not by children (unless it's stipulated in the contract or the landlord agrees to it).

GILLIAN MCLANDLORD

Thank you for the link, Simon.  I will have a look at it.  Unfortunately, she doesn't seem to have an original contract.  The new landlord has ignored 3 registered post letters asking him to include her son as a legal tenant.