Statutory tenancy

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Wayne Holder
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Hi, hope you can help. Ive been instructed to manage a property with a tenant aged 94. The landlord is related to the tenant and whilst they cant find the agreement I have a certified copy of the rent register entry showing the tenancy type to be Statutory and commenced on 9th Dec 1984.
The rent registered on the document is 53.00 per week and dated the 5th June 2008. The market rent should be 85.00 per week. The tenant claims Housing Benefit.
I would like to start a new AST at, if possible the market rent. Ok, Im aware of the stronger rights of the tenant under a Statutory tenancy but have been assured that the tenant will remain in the property until she dies.
My question is, must I serve a notice on the existing tenancy or can I have the tenant to sign a new AST which cancels the previous tenancy agreement?
17/06/2009 00:00

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