Some Free Legal Advice For Tenants

[Willy Weasel]

EDIT: Guilty of trying to reinvent the wheel with original post. Here's a very useful leaflet with a comprehensive explanation of tenant's rights.

http://www.communities.gov.uk/embedded_object.asp?id=1151919

Edited June 10, 2007 by Tuffers

[Willy Weasel]

Having re-read my original post it wasn't as clear or helpful as I'd intended. Original post amended.

[Jason]

Many thanks Tuffers, saved to my PC if I ever need to refer to it!

[Plastic Elastic]

EDIT: Guilty of trying to reinvent the wheel with original post. Here's a very useful leaflet with a comprehensive explanation of tenant's rights.

http://www.communities.gov.uk/embedded_object.asp?id=1151919

Very useful! Many thanks, Tuffers!!!

[Guest casaloco]

Tuffers,

Are you a solicitor?

Any chance of any help with squatnow.com??? In terms of legal advice for squaters/squatting.

Idea is to get people to start squatting in the millions ofempty BTL poperties...?

casa the anarchist

[christhpc]

Nice find Tuffers.

Of particular interest is section 7 - about rent increases:

7.8 How does the rent assessment committee decide on a rent for a

contractual periodic or statutory periodic tenancy?

When settling disputes on rent, the committee decides what rent the landlord

could reasonably expect for the property if he or she was letting it on the open

market under a new tenancy on the same terms. It does not take into account

any increase in the value of the property due to voluntary improvements by you.

The committee may agree the proposed rent or set a higher or lower rent.

The rent fixed by the committee is the legal maximum the landlord can charge.

The new rent will be payable from the date specified in the landlord�fs notice

unless the committee considers this would cause you undue hardship in which

case it may specify a later date.

7.9 Can the landlord propose a further rent increase after the committee

has made a decision?

The landlord can propose that the rent is increased a year after the date on which

the rent decided by the committee was payable (but see Appendix E), unless you

agree that he or she can put it up earlier. You must apply to a rent assessment

committee to decide what the rent should be if you do not agree with the

proposed increase.

7.10 What additional rights do shorthold tenants have to apply to a rent

assessment committee for a decision on the rent?

If you are a shorthold tenant, you can also apply to a rent assessment committee

at the beginning of the tenancy for a decision on the rent if you consider the rent

to be significantly higher than the rent for comparable tenancies. The Housing Act

1996 made important changes to the deadline for applications.

Blimey!!

[Willy Weasel]

Tuffers,

Are you a solicitor?

Any chance of any help with squatnow.com??? In terms of legal advice for squaters/squatting.

Idea is to get people to start squatting in the millions ofempty BTL poperties...?

casa the anarchist

Yes, although I deal with commercial rather than residential property. The issue of squatting is very interesting because there is some debate currently about whether the whole concept of adverse possession (legal language for squatting) is contrary to the owner's human rights as it deprives them of property.

[Guest casaloco]

Yes, although I deal with commercial rather than residential property. The issue of squatting is very interesting because there is some debate currently about whether the whole concept of adverse possession (legal language for squatting) is contrary to the owner's human rights as it deprives them of property.

Tuffers,

May I call on you to vet any advice that will be given on squatnow.com???

Some things are obviously illeagle, but it would be nice to get a little clarification on the blurry bits...!

[@contradevian]

Yes, although I deal with commercial rather than residential property. The issue of squatting is very interesting because there is some debate currently about whether the whole concept of adverse possession (legal language for squatting) is contrary to the owner's human rights as it deprives them of property.

Surely both sides could deploy that argument? And in any case if the landlord doesn't live there, he is not being deprived of a property (or at least a roof over his head).

[Willy Weasel]

Tuffers,

May I call on you to vet any advice that will be given on squatnow.com???

Some things are obviously illeagle, but it would be nice to get a little clarification on the blurry bits...!

Feel free to PM me

[Guest casaloco]

Surely both sides could deploy that argument? And in any case if the landlord doesn't live there, he is not being deprived of a property (or at least a roof over his head).

Would lead to some intersting arguments as to whether landlord has deprived the now squatter of a place to live by buying up the available housing and pushing up prices.

I can't see ANY landlord trying an argument along the lines of human rights/deprved of property as it opens a huge can of worms that would be more likely to harm them than the squatter.

i.e. without a house you can't have a family, which deprived you of your human right to have a family life, and your human right to have a home.... the landlord is effectively withholding these things from you and demanding payment for them... very shakey ground few landlords would like to walk on.

If they get a judge who's also a landlord they'll win... if the the judge ISN'T a landlord then they have a good chance of losing.

[MRMX9]

I expect the German and French equivalents (where Tenants actually have rights!) are probably five times longer!

[southsea13]

Would lead to some intersting arguments as to whether landlord has deprived the now squatter of a place to live by buying up the available housing and pushing up prices.

I can't see ANY landlord trying an argument along the lines of human rights/deprved of property as it opens a huge can of worms that would be more likely to harm them than the squatter.

i.e. without a house you can't have a family, which deprived you of your human right to have a family life, and your human right to have a home.... the landlord is effectively withholding these things from you and demanding payment for them... very shakey ground few landlords would like to walk on.

If they get a judge who's also a landlord they'll win... if the the judge ISN'T a landlord then they have a good chance of losing.

Good argument, but - and I know this is crazy - you can have a family without a home. Granted it`ll be in poverty, homeless etc, but a family nonetheless. (Anyone got a spare cardboard box? I`m saving up for one of those pukka 8`x8` properties!)

[Fergie]

you can have a family without a home. Granted it`ll be in poverty, homeless etc, but a family nonetheless. (Anyone got a spare cardboard box? I`m saving up for one of those pukka 8`x8` properties!)

That might be another thing to try. If squatting doesn't work, and people are kicked out quicky. A pile of folk turning up in some of the luxury, executive, new-build estates with cardboard boxes, tents and old caravans/campervans and simply setting up camp in the green spaces. That would be far harder to fight against.

[Guest casaloco]

Or just go down during the night to the building site and "re-arrange" some bricks.

Or just burn down the completed flats.