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Protected Rent after decease - Help


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HI

 

 

Wonder if anyone can offer great opinions on a housing issue:

 

 

Very sadly - my elderly friends just died.

They had both been living in a protected rent property for decades.

Paying nominal "peppercorn" rent, with the Landlord unable to evict them or raise the rent under the terms of the original Lease.

Lucky for my friends...

 

 

I don't know much about these protected rent properties - but I am trying to work out if any of their family members would have a right to continue the protected rent on the same low rent ???

 

 

Friends had no children. But nephews and nieces and other younger siblings on both sides.

It was their wish that someone in the family would continue to live in their house.

 

 

Does anyone know how these old style "protected rent" leases work??

Can family inherit on the same terms?

Does if have to be written in to the Will?

Or if one of the family members can prove they have been living in the premises for a certain length of time to enable them to live in the house?

 

 

 

 

Any advice is welcome

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I have been doing a bit of reading; educating myself on Protected Tenancies !!

 

 

Is there anyone here who knows about the Rent Act 1977(as amended by Housing Act 1988) ???

 

 

It seems that a cohabitee at the time of death, could have the right of succession.

I am just not clear on the amount of time as a cohabitee ? I read 2 years. But also read months... Does anyone know?

And if the cohabitee was a family member AND a recent carer would that make a difference on the length of cohabiting?

 

 

Would really appreciate some solid swift advice.

Shockingly the agent for the freeholder was chasing up only one week after the death of the Protected Tenant........

Would really love to help the deceased's family out here - so they don't lose the Protected Rights of this property...

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi HP Mum

 

I think you may get better advice for you issue in our Residential Lettings Area, so I will move your thread there leaving a short redirect so you can find your thread.

 

Its administrative so nothing for you to do.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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For Reference http://www.landlordzone.co.uk/forums/showthread.php?65734-Regulated-Tenancy-Succession-Question-HELP

 

Thanks.

Have just read both.

Still a bit confused on the cohabitee ruling.

Need to research a bit deeper

 

HP mum

 

Your posts/threads are some what confusing

 

Are you the Landlord

 

Can I ask who where the two people who died

 

Where they H&W with a Joint regulated tenancy or was the regulated tenancy just in one name

 

Who's been living there with them for the past few years and where they any related to the 2 people who died ?

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Thread previously posted at http://www.landlordzone.co.uk/forums/showthread.php?65734-Regulated-Tenancy-Succession-Question-HELP

Ony 1 T can succeed to a Regulated T, in descending order of family relationship and the successor must have been a perm resident for at least 12 months.

2nd succession is possible but only with anAssured Tenancy, liable for market rent.

 

 

Whatever deceased RT wishes may have been, they cannot overrule Statutory provisions.

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