Change of Protected Tenancy Terms

by Readers Question

9:41 AM, 5th December 2014
About 4 years ago

Change of Protected Tenancy Terms

Make Text Bigger
Change of Protected Tenancy Terms

I have a protected tenant and “Southend’s Private Sector Housing Enforcement Office” are trying to get me to install fixed heating.

My feeling is that this was not a requirement when the “Protected tenancy” was agreed some 30 years ago and it did not form part of the original contract. Contract Law states that they can not change the terms without the agreement of both parties.

Much the same as when the seat-belt law was introduced the Gov’t couldn’t force cars manufactured before 1965 to fit seat-belts.

The property did meet all the requirements of the “Protected Tenancy” at the time it was entered into and the Gov’t are refusing to allow that contract to come to an end.

If they wish to change the contract a new agreement should be entered into and therefore the limited payments under the “Protected Tenancy Terms” should be scrapped.

Your thoughts please, should I take them on?

Stephenchange



Comments

Mike W

17:45 PM, 5th December 2014
About 4 years ago

Hi Stephen,
I would take them on but only after solicitor advice. The problem is standards, probably set elsewhere under different legislation may now be applicable. A thought however. There are schemes where there are grants - 100% - to install boilers and heating. That would improve the property.
Good luck.

Reader

17:41 PM, 6th December 2014
About 4 years ago

Unfortunately, standards have changed together with regulatory provisions that are imposed beyond the scope of the contract. If you look at the Housing Health and Safety Rating Scheme you will see the Housing Officers point of view. However you need to investigate what will happen if the property is uninhabitable or enforcement proceedings are issued to carry out major works. Good legal advice is required.
Sources of grants do exist but they might not provide the solution you are looking for.

Ian Ringrose

17:47 PM, 6th December 2014
About 4 years ago

I believe the rent on a protected tenancy can be increased if improvements have been done, but I don’t know the details.

Most grants are only for tenants on benefits, but they will cover CH if the tenant is, what they will not cover is the ongoing cost to the landlord of boiler repairs, gas safety checks, etc.

Neil Robb

18:41 PM, 6th December 2014
About 4 years ago

Hi

Protected tenants normally do not want any repairs as then the landlord can then ask for a reassessment of the rent paid.

You should find this information out through the local councils web site how to arrange this.

I would imagine the property would need a good bit of updating and why now after thirty years is it the tenant is getting old and can not manage a fire or electric fire is a risk. to them and the property.

If it is a pensioner on tax credit or other forms of benefit you will qualify for heating and insulation grants. Try get as much work done as possible as in most cases you don't have to contribute to the work being done.

I hope for your sake it is not an inherited protected tenancy. .

Stephen Barham

12:11 PM, 8th December 2014
About 4 years ago

Thank you for your thoughts everyone.

I have told the enforcement office that I will be willing to concede the point and fit fixed heating if they are able to demonstrate to me that the UK Courts say that contract law is overruled the by “The Housing Health and Safety Rating System (England) Regulations 2005”. They have, in-turn, responded saying they will obtain the necessary legal information and respond shortly.

I'll keep you updated 🙂

Regards,
Stephen


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Variation of lease to rectify adverse possession?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More