This is a question to the blog clinic from Susan whose Mother is a tenant in England.
My Mother is a retired widow in her mid 70s and has privately rented the same property for over 50 years. She is in my eyes a protected tenant.
Three years ago she was made to sign a new AST by the landlord due to her husband passing away and the property being transferred into her name. The Council apparently would not pay the rent from my mothers housing benefit to the new landlord unless a new AST is signed.
My Mother has always historically been protected under the Rent Act 1977. But my Mum signed this AST because she said she had no choice in the matter and was worried she would lose her right to live there.
The landlord has recently passed away and my Mother has been told by the family they must sell the house now for legal/HMRC costs and will be issuing a S21. However as of todays date there is no EPC, no Gas Safe since 2020 and no EICR or Right to Rent checklist issued when she was told to sign the new AST in 2020 which was a 3 year AST.
Can they evict her?
Answer
If your mother has been living in the property for 50 years then her tenancy will be a protected tenancy under the Rent Act 1977.
This will not have been changed by the fact that she was pressured into signing an assured shorthold tenancy agreement form at a later date. A protected tenant cannot lose their rights by signing a different piece of paper.
All or some of the individual terms and conditions in the new tenancy agreement may apply. However, signing the new tenancy agreement cannot, in law, change her tenancy from a protected tenancy to an assured shorthold tenancy.
So any attempt to evict her using the section 21 procedure, or indeed the section 8 procedure, will fail. These eviction procedures only apply to assured and assured shorthold tenancies, which are regulated by the Housing Act 1988. They are of no relevance to your Mother as her tenancy is regulated by the Housing Act 1977.
Your Mother is also protected by the Protection from Eviction Act 1977. Any attempt by her landlord to force her to move out or claims that she will be evicted under section 21 will be classed as harassment under that Act.
I would suggest she get some legal help. We have a list of advice organisations which may be able to help her, most of them free of charge. But under no circumstances should she move out.