Thursday, 27 April 2017

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Tenancy: where do I stand?


Michael, I'm not sure of the legal position regarding the first point, but would suspect that you have some form of assured tenancy as your landlord can't offer a secure one. On the second point it's a little dificult to be accurate without seeing it, but I suspect that the new tenancy has both statutory and contractual rights. As an assured tenant there are two statutory 'rights' that you have lost, the right to buy and the Right to Manage. In addition housing associations are able to use the infamous 'Ground 8' (Schedule 2 of the HA 88) to get possession if you fall into rent arrears of more than 13 weeks (it removes the discretion of the courts to award possession). What often happens in the case of stock transfer is that the agreements for existing tenants contain a number of contractual clauses to ensure that these lost rights are maintained and that other areas, such as the use of ground 8, are prohibited. If your ALMO/council has transferred its stock these issues should have been adressed in the Offer Document and picked up by the Independent Tenants Advisor (ITA)

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3:58 pm


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