18:52 PM, 5th May 2015, About 6 years ago 4
I was recently advised by the local Private Sector Housing Enforcement Officer that, because of “The Housing Health and Safety Rating System (England) Regulations 2005”, I have to fit fixed heating to a flat that is under an old Protected Tenancy where I don’t get a fair and proper rent.
The flat has open fires which met the requirements of the original contract and I am saying that if they want me to fit fixed heating they must enter into a new contract.
The Council are reluctant do this because, by entering into a new contract it would mean I get a fair and proper market rent and not the reduced rent of a protected tenancy.
My argument is that they can’t change the contract requirements without entering into a new contract.
I asked them to show me where it says that contract law is overruled by the “The Housing Health and Safety Rating System (England) Regulations 2005”.
Their Solicitor has responded saying “The contractual tenancy agreement between the Landlord and Tenant does not take precedence over the Act or the Regulations”.
But, the way I see it, this does not mean that the Act or Regulations takes precedence over the Tenancy Agreement.
Does anyone have any thoughts on this.
It could be a good way of forcing the councils into new contracts and therefore abolish the old protected tenancies.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|