'Suitable Alternative Accomodation' for sitting tenant

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    #16
    Originally posted by quarterday View Post
    Jeffrey : Do you at least agree that if a tenant who is a second successor is moved, no additional and further successors to the original tenancy are entitled to succeed to what you consider to be a new rent act tenancy?
    Yes, I do agree. Clearly, the new letting is in substitution for the old one. But it's not the same tenancy, no matter how it arises.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #17
      can a new rent act tenancy with diminished succession rights be created?

      I am curious to research the byzantine byways of the Rent Act further to find an answer, and am still of the view expressed earlier, that a relocated tenant is still a tenant under the original tenancy. However, as tenancies under the Rent act are in reality governed by statute rather than an agreement, and indeed it is very rare for a rent act tenant to have a written agreement, the difference is pretty academic save for one point.

      Under the rent capping legislation, there is a very small number of exemptions to the application of the cap, one of which is where the application for "fair" rent is a first registration. If Geoffrey were right that is a new tenancy created by subsitutute alternative accomodation, it would mean that any landlord rehousing a tenant could get round the rent cap rules, whereas our friends in (what used to called) the Rent Officer Service do not consider a relocated tenant a new tenancy - and- hence exempt the rent capping order if the tenant has previously had a rent registered albeit at another address.

      What does Megarry have to say? Does anyone have a copy to hand??

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        #18
        Originally posted by quarterday View Post
        Geoffrey
        Who's that, then?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #19
          Originally posted by quarterday View Post
          I am curious to research the byzantine byways of the Rent Act further to find an answer, and am still of the view expressed earlier, that a relocated tenant is still a tenant under the original tenancy. However, as tenancies under the Rent act are in reality governed by statute rather than an agreement, and indeed it is very rare for a rent act tenant to have a written agreement, the difference is pretty academic save for one point.

          Under the rent capping legislation, there is a very small number of exemptions to the application of the cap, one of which is where the application for "fair" rent is a first registration. If Jeffrey were right that is a new tenancy created by subsitutute alternative accomodation, it would mean that any landlord rehousing a tenant could get round the rent cap rules, whereas our friends in (what used to called) the Rent Officer Service do not consider a relocated tenant a new tenancy - and- hence exempt the rent capping order if the tenant has previously had a rent registered albeit at another address.
          I have found s.39 of Housing Act 1988. Does this help?

          Where there is (on/after 15 Jan. 1989) succession to a 1977 Act letting, Part I of Schedule 4 to the 1988 Act amends Part I of Schedule 1 to the 1977 Act. The successor acquires, by s.39(5), a special statutory assured periodic tenancy largely following the 1977 Act tenancy's conditions [s.39(6)].
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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