Buying with an Assured Tenant

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  • Buying with an Assured Tenant

    If I purchased a property with Assured Tenant whose rent is fairly modest compared with similar properties within the local area who also claims Housing Benefit.

    Also very little updating has been done as the property is without central heating and both kitchen & bathroom is in need of updating.
    Could I as the landlord update the property and then apply for a rent review via the Rent Assessment Panel.
    Equally important could the Tenant decline to have the updating .
    How would the Housing Benefit be viewed on regarding this action

    Nicol

  • #2
    Originally posted by nicol View Post
    If I purchased a property with Assured Tenant whose rent is fairly modest compared with similar properties within the local area who also claims Housing Benefit.

    Also very little updating has been done as the property is without central heating and both kitchen & bathroom is in need of updating.
    Could I as the landlord update the property and then apply for a rent review via the Rent Assessment Panel.
    Equally important could the Tenant decline to have the updating .
    How would the Housing Benefit be viewed on regarding this action

    Nicol
    1. Is it an Assured Shorthold Tenancy or a Standard Assured Tenancy? OR a Housing Act 1980 Protected Shorthold? This will depend on when the tenancy started and what Notices have been served.
    2. Does Agreement reserve a fixed rent or is there a clause allowing rent increases (eg to pre-determined figure or by a pre-determined mechanism)?
    3. See s.13 of Housing Act 1988 (does not apply if Agreement provides for rent increases).
    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


    • #3
      Originally posted by jeffrey View Post
      1. Is it an Assured Shorthold Tenancy or a Standard Assured Tenancy? OR a Housing Act 1980 Protected Shorthold? This will depend on when the tenancy started and what Notices have been served.
      2. Does Agreement reserve a fixed rent or is there a clause allowing rent increases (eg to pre-determined figure or by a pre-determined mechanism)?
      3. See s.13 of Housing Act 1988 (does not apply if Agreement provides for rent increases).
      Thanks for reply: The tenant took over the tenancy from his late mother who died in 1990 (This was the last recorded entry on the Rent Register) as I understand the tenenant then became an Standard Assured tenant There does not seem to be any other agreeement in place.
      Nicol

      Comment


      • #4
        Originally posted by nicol View Post
        Thanks for reply: The tenant took over the tenancy from his late mother who died in 1990 (This was the last recorded entry on the Rent Register) as I understand the tenenant then became an Standard Assured tenant There does not seem to be any other agreeement in place.
        Nicol
        But when did his mother become the tenant? If before 1988, it's probably governed by the Rent Act 1977 and therefore much more pro-tenant.
        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


        • #5
          Originally posted by jeffrey View Post
          But when did his mother become the tenant? If before 1988, it's probably governed by the Rent Act 1977 and therefore much more pro-tenant.
          Thanks: His mother became the tenant before 1988.

          According to The Rent Service he is not on the register .

          Comment


          • #6
            Originally posted by nicol View Post
            Thanks: His mother became the tenant before 1988.

            According to The Rent Service he is not on the register .
            But you said that he is, as from 1990: see post #3, indicating that last recorded entry in 1990 showed that he took over from his mother.

            If his mother was the original tenant, he is a successor.
            If someone else (eg his father) was the original tenant, however, the mother herself is a successor. The present occupier may therefore not be competent to be a second successor, because the 1988 Act ended subsequent transmissions.
            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


            • #7
              Originally posted by jeffrey View Post
              But you said that he is, as from 1990: see post #3, indicating that last recorded entry in 1990 showed that he took over from his mother.

              If his mother was the original tenant, he is a successor.
              If someone else (eg his father) was the original tenant, however, the mother herself is a successor. The present occupier may therefore not be competent to be a second successor, because the 1988 Act ended subsequent transmissions.
              Yes I have now found out that that this is correct his father was the original tenant.
              What is his position now regarding rent increases

              Comment


              • #8
                Rent Act is not my specialist subject, but I suspect that T is now unprotected by it as a purported second successor. Anyway, the burden of proof would be on him (to prove that the Act applies) and not on L trying to increase rent (on grounds that Act no longer applies so far as rent protection).

                Take specialist advice re your position as L.
                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


                • #9
                  Originally posted by jeffrey View Post
                  Rent Act is not my specialist subject, but I suspect that T is now unprotected by it as a purported second successor. Anyway, the burden of proof would be on him (to prove that the Act applies) and not on L trying to increase rent (on grounds that Act no longer applies so far as rent protection).

                  Take specialist advice re your position as L.
                  Thank you Jeffrey very much appreciated Nicol

                  Comment

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