Rental contract issued 11 years ago to tenant do deposit taken, need to issue another

[bb41]

Hope someone can give me advice to my ongoing saga :

I issued a rental bog standard contract 10 years ago to a single parent and child on HB, no problems until a year ago when a new partner came on the scene
tenants contribution to the rent stopped although HB was paid direct to me.

After lots of thing and frying I issued a section 8 and it is due to be heard in 10 days time.

Dilemma is now tenant is now paying and the debt equates to less than 2 months rent so I assume this will now be thrown out so not really worth going ahead

My questions are as follows :
Can I issue a new contract with the new partner on the contract as well as he does live there

the rent has been the same for all the tenancy and is well below market rent, on the new contract can I revise the rent and by what acceptable percentage without being sued and would I have to have a deposit for the new contract

[Peridot]

Re: Rental contract issued 11 years ago to tenant do deposit taken, need to issue ano

Hi bb41,
In order to point you in the right direction I need to know a bit more information. You indicate you have a 'rental bog standard agreement' Exactly what sort of agreement is it for example, an assured shorthold tenancy?
The agreement should contain clauses dealing with the issue of rent reviews and also who is allowed to be there.
If you are able to increase the rent, would your tenant be in a position to stay at the property? Do you want to risk losing her as a tenant?
Does the tenant have the means to clear the 2 month arrears now?
Here is the link to the Gov't website dealing with private tenancies which may help:-
https://www.gov.uk/private-renting-t...ments/overview

[bb41]

Re: Rental contract issued 11 years ago to tenant do deposit taken, need to issue ano

Hi Peridot,
Yes an AST agreement

The tenancy was just for the tenant but I feel her partner needs to be on the agreement as he is living there full time and needs to be made liable too

I would ideally like to sell the property but it's not easy as they pay the arrears to below the 2 month threshold all the time

Thank you I will check out the website

[Peridot]

Re: Rental contract issued 11 years ago to tenant do deposit taken, need to issue ano

The website has a section on ending AST's, more from the tenant's point of view but will give you the pointers you need. It explains what the tenant should expect, if Landlord wants them out.
Pop back on if need any further pointers.

[bb41]

Re: Rental contract issued 11 years ago to tenant do deposit taken, need to issue ano

Thank you, it's been a stressful year as they get into arrears I issue a court hearing then its bought up to date within legal parameters as soon as they are issued with proceedings. I will keep you informed but I expect this to be ongoing as she has a very good housing officer who helps with defence

[Peridot]

Re: Rental contract issued 11 years ago to tenant do deposit taken, need to issue ano

Hi,
Maybe decide whether you actually want to sell or not. It's weighing up the lesser agro to be fair.
If decide to give them notice, it maybe that you need to evict if they don't move out.. It may cause issues with rent payments but at least you'll know what timescales you need to deal with.
We're here if you need more pointers.