Is landlord powerless to prevent relatives from moving in & inherit protected tenancy

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    Is landlord powerless to prevent relatives from moving in & inherit protected tenancy

    Is it possible for a landlord to prevent a protected tenant from inviting a relative to move in, with risk of relative staying in long term & inheriting the tenancy.

    Can landlord introduce tenancy agreement that reflects current situation, but with clause that not allow anyone else to occupy.

    Or is landlord powerless to prevent potential inheritors from moving in.

    #2
    LL can't 'prevent' a T from benefitting from a statutory entitlement.

    LL can't 'introduce' a tenancy agreement that overrides the T's statutory rights, even if he can somehow persuade the T to sign it.

    Comment


      #3
      Originally posted by john vert View Post
      Is it possible for a landlord to prevent a protected tenant from inviting a relative to move in, with risk of relative staying in long term & inheriting the tenancy.

      Can landlord introduce tenancy agreement that reflects current situation, but with clause that not allow anyone else to occupy.

      Or is landlord powerless to prevent potential inheritors from moving in.
      Succession rights,can a LL stop them !

      www.parliament.uk/briefing-papers/SN02004.pdf Pages 1 to 3

      Hello John

      If any dispute should arise on Succession rights,it would be up to the courts to rule on and not a LL.

      Just to confirm do you know what type of protected tenancy it is ?

      Can you confirm when did the original tenancy actually start date/year,is it a solo or joint tenancy and are you the original LL.
      Fed up with nitpickers and rivet counters...

      Comment


        #4
        westminster & 45002
        I am new LL & just starting to look into this.
        Big gaps in paperwork, looks like tenancy started prior 1989 & regulated under rent act 1977
        Just 1 tenant at moment, & no written agreement.
        Hoping to introduce agreement, & include clause requiring LL permission if T wants others to move in.
        Protected tenancy provides statutory succession rights that can'nt be signed away.
        But prior to T acquire succession rights they have to move in & be long term occupant (2 years ?)
        I'm checking out if LL can prevent someone moving in & aquiring succession rights.
        eg new occupants must seek LL permission before move in.

        45002
        thanks for the link, have started reading the article.

        Comment


          #5
          RT-Succession rights...

          Originally posted by john vert View Post
          westminster & 45002
          I am new LL & just starting to look into this.
          Big gaps in paperwork, looks like tenancy started prior 1989 & regulated under rent act 1977
          Just 1 tenant at moment, & no written agreement.
          Hoping to introduce agreement, & include clause requiring LL permission if T wants others to move in.
          Protected tenancy provides statutory succession rights that can't be signed away.
          But prior to T acquire succession rights they have to move in & be long term occupant (2 years ?)
          I'm checking out if LL can prevent someone moving in & acquiring succession rights.
          eg new occupants must seek LL permission before move in.

          45002
          thanks for the link, have started reading the article.
          1977 Rent act Tenant,same type of tenancy as mine

          Basically as Wesminster posted #2 you cant do anything to stop a regulated tenant (RT) from moving a relative in.

          RT does Not have to sign any tenancy agreement and could claim Harassment if a LL persisted in asking the RT to sign,please be carefully.

          You cannot use a Tenancy agreement to over right existing succession rights of a RT

          Succession rights,Paragraph 2 of Schedule 1 to the 1977 Rent Act,as amended http://www.legislation.gov.uk/ukpga/...edule/1/part/I

          As I said early on
          Originally posted by 45002 View Post

          If any dispute should arise on Succession rights,it would be up to the courts to rule on and not a LL.

          Did you buy the property with RT in place or inherit via family member...
          Fed up with nitpickers and rivet counters...

          Comment


            #6
            Originally posted by john vert View Post
            Hoping to introduce agreement, & include clause requiring LL permission if T wants others to move in.
            ...
            But prior to T acquire succession rights they have to move in & be long term occupant (2 years ?)
            I'm checking out if LL can prevent someone moving in & aquiring succession rights.
            eg new occupants must seek LL permission before move in.
            No. Forget it.

            Comment


              #7
              The only real possibility to explore is where the original tenancy limits who can live their e.g. single family occupation.

              You should diarise any changes to the occuaption and have that independently witnessed should circumstances arise that allow the succession to be challenged.

              You might also look at your purchase records as to prior successions when considering the new occupants rights to succeed.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Originally posted by leaseholdanswers View Post
                The only real possibility to explore is where the original tenancy limits who can live their e.g. single family occupation.

                You should diarise any changes to the occupation and have that independently witnessed should circumstances arise that allow the succession to be challenged.

                You might also look at your purchase records as to prior successions when considering the new occupants rights to succeed.
                It set out in 1977 Rent act who succeeds not LL,Court decide if there any dispute and not the LL...

                Are you suggesting the LL should set up camp outside RT home and watch who goes in and out lives there 24/7 !

                What if OP RT got married next week,nothing in 1977 rent act for LL to stop wife/husband moving in and eventually getting succession rights...
                Fed up with nitpickers and rivet counters...

                Comment


                  #9
                  Originally posted by 45002 View Post
                  What if OP RT got married next week,nothing in 1977 rent act for LL to stop wife/husband moving in and eventually getting succession rights...
                  Providing the RT survived two years after the spouse moved in. Incidentally there can only be one successor to a regulated tenancy are you sure the present tenant is not already a successor to someone?

                  Any further successions become a Assured tenancy I believe.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #10
                    In certain circumstances the original RT there can be succession rights twice,RT to AT to AT.

                    http://www.landlordzone.co.uk/FAQ/in...145&artlang=en

                    Page 17

                    http://www.communities.gov.uk/docume...pdf/138295.pdf
                    Fed up with nitpickers and rivet counters...

                    Comment


                      #11
                      Originally posted by 45002 View Post
                      In certain circumstances the original RT there can be succession rights twice,RT to AT to AT.

                      http://www.landlordzone.co.uk/FAQ/in...145&artlang=en
                      OMG I'm glad I didn't know that over the last seventeen years .
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                        #12
                        Originally posted by jta View Post
                        OMG I'm glad I didn't know that over the last seventeen years.
                        You do now lol
                        Fed up with nitpickers and rivet counters...

                        Comment


                          #13
                          thanks for everyones posts
                          will check out the links
                          helpful in giving me some awareness of the issues prior to seeing lawyer

                          Comment

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