Regulated Tenancy - Succession Question HELP

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    Regulated Tenancy - Succession Question HELP

    Hi all,

    I am searching for some sound advice to help resolve succession rights on a Protected Regulated Tenancy.
    Tenants been in situ since the 60's paying nominal annual rent.
    Couple years ago the VOA assessed the rent and it was re-set higher than before, but still way below market value.

    In the last 6 months both tenants have died.
    I am trying to aid the remaining family members on how to ensure succession of the Regulated Tenancy.

    I do believe there are some rent arrears - which I understand should be brought up to date immediately to prevent that being a reason for the LL to Serve Notice for Possession of the property.

    Does anyone know the exact criteria needed to ensure succession?
    Does it have to be a close family member - sibling, child, spouse?
    Or does any cohabitee (not spouse, sibling or child) have rights - if that is what the deceased wished?
    If the cohabitee is a family member and caring for the recently deceased during sickness, for how long does the cohabitee have to have lived in the property to ensure succession?
    And if the cohabitee also lived elsewhere, only residing with the deceased on a part-time basis when required - would that work against them getting the succession?
    How can one prove part-time living in the property to ensure succession is granted?

    Any advice or pointers will be gratefully received.
    Thank you so much.

    #2
    First some details please.
    What relationship was there between orig Ts? married or co-habitees?
    Whatb is your relationship to last deceased T? later co-habitte or just uninvolved yet helpful 'friend of the family'?
    What is the relationship of the person wishing to succeed to T, to orig Ts?
    How long before final decease did they occupy property as a permenant resident?

    Succession rules can be complex
    IIRC
    only succession to Regulated T (surviving spouse exepted) is in order of family relationship (imm family members first.
    1st or 2nd succession requires successor to have perm lived in property for 12 months up to date of last successor's decease.
    2nd successor is only entitled to Assured Tenancy, not Rent Regulated T.

    Comment


      #3
      Shelter website summarises regulated succession well . Look it up!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Was on my 'phone when posting earlier: Herewith the links...
        http://england.shelter.org.uk/get_ad...ated_tenancies
        Succession rights after the death of a regulated tenant

        The inheritance of a tenancy is known as succession. Only one person is allowed to succeed to a regulated tenancy. Joint succession is not allowed.

        Sometimes there is more than one person living with a tenant who could succeed to the tenancy if the tenant dies. In this case, the husband, wife, cohabitee or civil partner always takes priority and inherits the tenancy.

        A regulated tenancy can be passed to a husband, wife, civil partner or cohabitee living with the tenant when the tenant dies. The tenancy remains a regulated tenancy if it is is inherited by the husband, wife, civil partner or cohabitee and no one else has previously inherited the tenancy.

        The tenancy can also be passed to another member of the tenant's family who was living with the tenant for at least the two years before the death of the tenant. It becomes an assured tenancy if it passes to another member of the tenant's family or is a second succession.

        A regulated tenancy can only be passed on twice in very specific circumstances.
        I think it's 12 months not two years...

        The rules are I think in s2(1)(b) and Schedule 1 of the Rent Act 1977 as-well-as s39 and Schedule 4 of the Housing Act 1988 as-well-as Housing Act 1985 s87(The 12 months) & s113, plus case law.

        If the last one died intestate I've a suspicion the public trustee gets involved.

        If you can't sort this easily with whoever is acting as executor or wanting to succeed then strongly suggest you need to involve a solicitor who understands Rent Act tenancies & succession: Becoming a tad rare...

        Cheers!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          For Reference http://www.consumeractiongroup.co.uk...r-decease-Help
          Fed up with nitpickers and rivet counters...

          Comment

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