Can sitting tenant's relatives succeed her?

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  • Can sitting tenant's relatives succeed her?

    hi i need sum advice!---so i am buying a flat of my folks which currently has a sitting tennant(a lady in her early 70s) she has been there must be 25yrs although the tennancy agreement is not in her name it is in her husbands name although her husband has been dead for 15yrs. so the local council pay the rent for this flat ok.
    what i need to know is: if she dies or falls ill or for watever reason cannot live in the flat ,can one of her offspring ie daughter/grandchild move in and leave me in the same situation having a "new" sitting tennant.

    also is there anyway off getting the current sitting tennant out?

    and finally i have heard a rumour that local govt/councills are goin to be changin the system and start paying the rent direct to the tennant to forward on to the landlord?? (currently it is paid straight to us by the council) so if this does happen and she doesnt pass the rent on is that grounds for getting her out? even though she is a sitting tennant?

    any advice on thiese questions would be really great

    or on a lighter note would it be easier to put sum rollerskates and banana skins outside her flat door hehe

  • #2
    Under the new scheme that's supposed to be rolled out in April, HB is being replaced by a Local Housing Allowance and the rent will be paid directly to most tenants except

    payments may be made to the landlord when the customer is:

    in arrears of 8 weeks or more
    unlikely to pay their rent
    deemed unable to manage their own affairs

    Sounds like your tenant has a regulated tenancy. Here is an overview here of her rights


    • #3
      Have you thought about the tax situation? Your 'folks' will have to pay CGT based on the market value of the proerty (this will of course be maybe 50% of the value of the property without your sitting tenant).

      Should you do it before or after 5 April?
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.


      • #4
        I might be wrong but the new HB rules i thought were for new ast's signed after the deadline so if it stayed on a periodic you could still recieve them. Or am i wrong???


        • #5
          Originally posted by johnboy View Post
          I might be wrong but the new HB rules i thought were for new ast's signed after the deadline so if it stayed on a periodic you could still recieve them. Or am i wrong???
          Yes, or if they applicant submits a revised claim.


          • #6
            A rent act tenancy can pass down twice, however this was changed to one succession in 1990, Given the time your tenant has been in residence you may be caught by the two successions.


            • #7
              cygedd says

              hi just to say cheers u folks 4 the advice and anymore would be great on this issue.


              • #8
                Err.....nobody has yet answered the question asked. Rights of Successon means that there is only one succession allowed under the Rent Act 1977 where everything stays the same, as in this case where the tenant has died and his wife was the first successor.

                Unless any close relative has since been permanently resident at the property with the current occupant for the last 2 years then there are no further succession rights. If say a son/daughter had been living there for at least the last 2 years they would be entitled to an assured tenancy but would be obliged to pay a market rent, and not a regulated rent as is probably the case at present if the landlord registered it under the Rent Act 1977.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


                • #9
                  Just a small correction to colincbayley's statement about lha/hb.

                  All private landlord tenants who make a first claim from when the LA take on LHA in April 08 - money will be paid to tenant with the exceptions stated -i.e. 8 weeks arrears/unable to manage own money/vulnerable

                  All private landlord tenants on HB will continue on HB with rent paid to landlord if they have authorised it UNTIL there is a break in claim of 1 week or more OR they move to a new property. A revised or updated continious claim with no property change will not trigger a swap to LHA even if this situation goes on for say 10 years or even more. (source HB/LHA benefits manager at Notts City Council)


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