Regulated tenancies

[coryn]

Can anybody tell me how a tenant who started their first tenancy in 1986 can prove whether they had a protected shorthold tenancy or have a regulated tenancy. I have just bought the property and the first tenancy agreement does not appear to be in existence and the rent has not been registered. Is the onus on the landlord or the tenant to provide proof. The tenant has been signing assured shorthol tenancies for ears with the previous landlord

[Melboy]

Firstly, The Shorthold Tenancy Agreement is only applicable for Tenancies for up to 3 years. 3 Years or more then it is a requirement for a Tenancy Deed (long term) to be drawn up.

If you have a property with a sitting Tenant who has been there for 20 years you will have a very difficult job in removing them. (This, perhaps should have been explained to you by your Solicitor before purchase?).

It is not for the Tenant to prove anything especially if they have been paying their rent on time to the previous Landlord and once again your Sol. should have secured the facts on this during the buying process.

I suspect you obtained this property below market value and that is the reason why any property with a sitting long term Tenant will sometimes sell for several thousand pounds below it's market price.

You will need to obtain legal advice on this matter.......also the Tenant has first refusal (by law) if the property they are renting comes up for resale.....I hope your Vendor offered it to them first.