Q. I moved into a flat in 1991 and have been there ever since. I didn't sign a tenancy agreement at the time as I was friendly with the landlord and we didn't think it necessary. We have since fallen out and he is now saying that he can evict me. Is this true?
A. You have what is called an 'assured tenancy' under the Housing Act 1988 which means that your landlord cannot evict you without first obtaining an order of the court. Furthermore, the court would only make such an order if there were reasonable grounds for doing so; for example, if you were in substantial arrears of rent or if you had breached some other term of the tenancy. Therefore, provided that you have been a good tenant, there is very little prospect of the landlord being able to persuade the court to evict you.
Q. What if my landlord wants to increase the rent? As I don't have a written agreement, can he increase it without my agreement?
A. The fact that you have not signed a written agreement with your landlord does not entitle him to impose terms upon you without your agreement. He must therefore seek your agreement to any proposed rent increase; he cannot simply increase it by himself. If you cannot agree a rent with him then either party is entitled to apply to the Rent Assessment Committee to determine the rent. The Committee will usually comprising of a valuer, a lawyer and a lay person. They will hear evidence from both parties before setting a new rent.
Landlord & Tenancy issues can be complex with much depending upon the circumstances of each individual case. For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Be Guided by the Experts.
