Very long term tenants and huge rent increase

A question about : Very long term tenants and huge rent increase

I suspect the answer is there is nothing that can be done, but would be interested in any advice people can offer in case I am wrong.

My OH's father and his wife (Mr&Mrs B) live in Scotland and have have rented the same house for about 30(ish) years. During that time their landlady has only ever increased the rent once, probably because she and Mrs B were friends, but also because they looked after the house as if it were their own. As a result they have been paying a rent of about Ј250 a month for almost 30 years, and been treating the house as if they owned it. Over the years they have installed a new kitchen/bathroom, carried out or paid for maintenance and repairs to the roof and such like.

Nobody can recall there ever being a formal tenancy agreement, and if there was it has most likely been lost.

The problem is that the woman who owns it is unwell, has been taken into care, and a power of attorney granted to her daughter regarding her financial affairs. The daughter is unhappy that so little rent has been paid over the years, and wants to increase the rent to a market value, which she claims would be Ј1400 per month. I had a look on a couple of letting agency websites and her valuation may not be too far fetched - there are similar-sized houses asking upwards of Ј1300 a month.

Having retired a couple of years ago, Mr & Mrs B cannot afford this. From talking to them, it sounds like they will struggle to pay more than about Ј500 a month. The daughter has therefore said she will be evicting them immediately.

I assume that she would have every right to evict them (so long as she does it properly) and re-rent it for whatever amount she wants. Is my assumption right or is there any other avenue they could pursue? If there isn't then they are going to have to leave the area and move to another town as Ј500/month where they have lived all their lives won't even rent you a shed.

Best answers:

• Note this is SCOTLAND everyone.
  You will need to give an exact date they moved into the property because it may be a regulated tenancy? https://www.gov.scot/Publications/2006/03/16093517/4
  From a moral point of view if that Ј1300 a month is indeed fair rent that's about a weeks care in a home so will go a long way to providing the old lady with the help she needs. It is clear that the tenant has benefited significantly from the generosity of the landlord over a significant time and they really should have saved and invested this saving but it seems they have not. The daughter of the Landlord has a legal responsibility to use the assets to help keep her mother so i wouldn't blame her for wanting market rent.
• The daughter may have found herself between a rock and a hard place, ie wanting to do what her mother would want (ie continue charging an unrealistically low rent) on the one hand v. the mothers care home costs have to be met from somewhere and the rent on her house is the obvious place to meet it from.
  I would think the most realistic option is to find out what the chances are in that area of getting Council or Housing Association accommodation instead.
• I don't know the legal position and it is upsetting to move but I think it's time they explored other options now.
  They've been accepting a huge kindness from this family, who would really benefit from that money now, and it's time to say thank you and move on.
• Could these people not get Housing Benefit/Housing allowance to make up some of the shortfall?
  However, if they live alone, it might be best to think of downsizing.
• There No paper work/Tenancy agreement, what happens if LL wants to sell up.
  No one really knows what the rent officer would set the rent at !
  Nothing stopping current LL or new LL applying for a rent to be registered themselves at Ј1300/Ј1400 per month !
  Rent officer could set a lower, higher rent or it stays the same.
  If the Tenants/LL disagreed with Rent officer they can appeal the decision.
  Applying for a fair rent to be registered and appealing against rent officer decisions is Free.
• They need to know the Local Housing Allowance for their area. This is for Aberdeen https://www.aberdeencity.gov.uk/counc...ouse_allow.asp
  The LHA is supposed to cover the cost of renting the 30% of cheapest houses in the area. Note as a couple they get a one bedroom rate.
  Then go to www.turn2us.org.uk and post in details of their income and work out what help they could get.
  So they may have to move but might get some help. if they are of sufficient age, it might be worth asking after social housing for older people (generally restricted to those over 55 years old). In some areas this seems to be relatively easy to get; certainly a lot easier than family accomodation.
• Some of these over 55 social housing places are quite nice and quite plush.., I'm looking on my councils housing website and some of them are on the edge of the river for about what your OH's parents could afford (but am sure they are due some Housing allowance which will help). I would be very glad to move into one of them if I didn't have children (unfortunately I nearly qualify for the age ha ha).
  It will be a big wrench for them to move after so long, bringing up family in the house etc.., but it will also mean less cleaning and heating costs, possibly a warmer place. They might appreciate, as they get older, being on the ground floor too.
• Agree with 45002 etc: Please call Shelter Scotland 0808 800 4444 for advice. And speak with local council.
  The rights of such tenants are well described here,...
  https://scotland.shelter.org.uk/get_a...an_before_1989
  It is quite likely landlord/landlady doesn't understand the rights (very strong rights..) of such tenants and needs to have them explain.
  Best wishes
• A valid NTQ 1984 Rent act Scotland is set out here
  https://www.legislation.gov.uk/ukpga/1984/58/section/112
• Don't tell the landlord/landlady but Sheriff Courts Act 1907 requires, for an NTQ in Scotland to be valid, for it to be served by Sheriff's officers or recorded-signed for. See if one does arrive, see how it was served and then 'phone Shelter 0808 800 4444 or talk to a solicitor who understands old tenancies (most won't..)