Sitting Tenant Issues

[Neo1]

Hi

My parents live in Stoke Newington in a property which they purchased about 35 yrs ago. At the time of purchase three rooms of the top floor was occupied by a sitting tenant (elderly lady). The tenant passed away about 10yrs after the property was purchased but then the son (who occasionally visited the mother) inherited the tenancy. So now the son lives with his wife in the property. They have lived in the property for the last 15yrs or so. My questions are as follows:

a) Are there any new laws surrounding inherited sitting tenancy - are they still protected to the extent that they cannot be evicted?

b) My parents have tried several times to implement home improvements eg central heating- but they have refused. In fact it was around 5 years ago the wife agreed to have central heating. When the husband returned from work he arranged for the radiators to be removed. The radiators are still on the landing to this day. More recently my parents wanted to have double glazing windows fitted. The son refused to allow the double glazing company to enter his room so as to measure the windows. When asked why he just states that he doesn't want it.

Where do my parents stand legally in all this?

 

Thank you for any advice offered.

[Keyzer Soze]

Google "regulated tenancies", unless they they breach the terms of their tenancy, eviction will be difficult. The fact that the tenants are allowing the property to deteriorate by not allowing access for maintenance and they've removed the radiators could be used, but I would be surprised if a court would give an order under those circumstances.

[Neo1]

Thank you for your response.

[honeybee13]

Hello there.

 

I've moved your thread to the Residential section here for further advice.

 

HB

[45002]

Hi

My parents live in Stoke Newington in a property which they purchased about 35 yrs ago. At the time of purchase three rooms of the top floor was occupied by a sitting tenant (elderly lady). The tenant passed away about 10yrs after the property was purchased but then the son (who occasionally visited the mother) inherited the tenancy. So now the son lives with his wife in the property. They have lived in the property for the last 15yrs or so. My questions are as follows:

a) Are there any new laws surrounding inherited sitting tenancy - are they still protected to the extent that they cannot be evicted?

b) My parents have tried several times to implement home improvements eg central heating- but they have refused. In fact it was around 5 years ago the wife agreed to have central heating. When the husband returned from work he arranged for the radiators to be removed. The radiators are still on the landing to this day. More recently my parents wanted to have double glazing windows fitted. The son refused to allow the double glazing company to enter his room so as to measure the windows. When asked why he just states that he doesn't want it.

Where do my parents stand legally in all this?

 

Thank you for any advice offered.

 

Is there any Tenancy agreement ?

 

Succession rights on the death of a Regulated Tenant covered by 1977 Rent act and 1988 Housing act and are binding on a Landlord and there would be No grounds for a possession order IMHO.

 

If the LL wants to implement home improvements, discuss it with them don't just turn up or say they have no choice Tenants could make a claim for harassment against LL.

 

Parents need to or should have consulted Solicitor specializing in Housing Law ...

[Neo1]

Thanks for the response. On both occasions my parents informed them and gave sufficient warning that work would be conducted on the premises. On the first occasion (ie central heating) the wife agreed and allowed work to be conducted. They even agreed to the double glazing to be done but when the workmen arrived the husband refused them entry.

[45002]

Thanks for the response. On both occasions my parents informed them and gave sufficient warning that work would be conducted on the premises. On the first occasion (ie central heating) the wife agreed and allowed work to be conducted. They even agreed to the double glazing to be done but when the workmen arrived the husband refused them entry.

 

Is there any Tenancy agreement !

[Neo1]

My parents are very elderly (mother 80 and father 93)- they say that the agreement was with the mother but this was years ago and they are unable to locate it. At the time of the mothers death the son was living in Philippines and rushed over with bride in tow once he learnt of his mothers demise. There is no agreement with the son.

[45002]

My parents are very elderly (mother 80 and father 93)- they say that the agreement was with the mother but this was years ago and they are unable to locate it. At the time of the mothers death the son was living in Philippines and rushed over with bride in tow once he learnt of his mothers demise. There is no agreement with the son.

 

No TA.

 

Up to the courts to rule on any disputes if any arise and not the LL.

 

If the parents want to carry out improvement works so on, so they can increase the rent.

 

Any rent increase the Tenants will be able to changeling via Residential property tribunal https://www.justice.gov.uk/tribunals/residential-property

 

If Parents still want to carry improvement work out and so, Parents need to seek advice from Solicitor specializing in Housing Law ....

[45002]

Hi

My parents live in Stoke Newington in a property which they purchased about 35 yrs ago. At the time of purchase three rooms of the top floor was occupied by a sitting tenant (elderly lady). The tenant passed away about 10yrs after the property was purchased but then the son (who occasionally visited the mother) inherited the tenancy. So now the son lives with his wife in the property. They have lived in the property for the last 15yrs or so. My questions are as follows:

a) Are there any new laws surrounding inherited sitting tenancy - are they still protected to the extent that they cannot be evicted?

b) My parents have tried several times to implement home improvements eg central heating- but they have refused. In fact it was around 5 years ago the wife agreed to have central heating. When the husband returned from work he arranged for the radiators to be removed. The radiators are still on the landing to this day. More recently my parents wanted to have double glazing windows fitted. The son refused to allow the double glazing company to enter his room so as to measure the windows. When asked why he just states that he doesn't want it.

Where do my parents stand legally in all this?

 

Thank you for any advice offered.

 

Just to pick up on something I missed out early on.

 

property which they purchased about 35 yrs ago. At the time of purchase three rooms of the top floor was occupied by a sitting tenant (elderly lady).

So that would be around 1980

 

The tenant passed away about 10yrs after the property was purchased

So that would be around 1990

 

son lives with his wife in the property. They have lived in the property for the last 15yrs or so.

That would be around 2000.

 

Who's been living in the property then between 1990 and 2000 !

 

But

 

At the time of the mothers death the son was living in Philippines and rushed over with bride in tow once he learnt of his mothers demise.

 

So that would be around 1990.

 

Son and wife have been there for 25 years then ?

 

I'm confused !

[Neo1]

Actually- it may even be longer than that. I just confirmed that the house was actually purchased in 1974 and tenant died 20yrs after and son has been there for last 20 yrs- Wow time does fly when your having fun.

[45002]

Actually- it may even be longer than that. I just confirmed that the house was actually purchased in 1974 and tenant died 20yrs after and son has been there for last 20 yrs- Wow time does fly when your having fun.

 

Ok.