Sitting tenant

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    Sitting tenant

    We have a long standing sitting tenant. She pays very very low rent and is very old. She has recently been taken into hospital and will not be coming back as she is going into a home. Does anyone know how we go about getting the flat back? It is obviously full of her stuff. Whilst we are in no rush and want to act in a respectful way given her situation, we do need to get possession and have no idea what our rights of entry etc are or what legal process we need to go through. Can anyone help?

    #2
    Sounds like she could be a Rent Act Tenant.
    If Yes, you need a Deed of Surrender signed by her, or if 'confused' a letter from residential Care Home stating she has accepted a permanent resident status from <date>.
    You cannot repo property before any of those dates, and not whilst in hospital, unless Deed of Surrender has been signed.
    Liase with immediate family/legalrep (if known) about access/clearing flat.

    Did you inherit /buy property with siting T?
    What checks were made/known on Tenancy status at time of acquisition? By whom?

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      #3
      Was any relative living with her who has succession rights?
      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...

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        #4
        First of all it sounds like you are treating this very sensitively, well done.
        Just wondering whether anyone has power of attorney, which would be relevant if she is confused and no longer has capacity (not relevant if she is still competent). If there is a power of attorney there and she's confused, they would need to be consulted about what to do with her stuff. The care home should know if there is a POA.

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