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Question Title: Succession to a Rent Act tenancy
| Question: 327 |
| One of our more elderly tenants, she has been in the property for more than forty years, has been taken into hospital and she is unlikely to return home. Her son has always lived in the house. He has to make a claim for Housing Benefit and the council have asked him for a copy of the tenancy agreement. What is his status, can we assist him with his Housing Benefit claim and what will happen when his mother inevitably dies?
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| Answer: |
| From the information given, it appears that your tenant (the elderly lady) has a secure tenancy and her rent will be restricted by the fair rent rules. At present, however, the son has no tenancy; he merely occupies as a licencee (i.e.. with permission) of his mother. Although it appears imminent given the failing health of his mother, succession of the tenancy has not taken place and will not occur until her death. At this point, because the son has been living with his mother for more than two years (all his life in this case), the son will succeed to the tenancy - and under the rules of succession, his tenancy will be assured (so the landlord may apply to the rent assessment committee for a rent increase to market levels) although he will retain security of tenure because of the assured tenancy. Regarding his housing benefit application, he will not be able to furnish the local housing benefit office with his tenancy agreement because he does not have one. However, it would be possible to draft a statement of legal position which outlines the details and terms of his mother's tenancy, and his own rights of occupation as licencee.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 7 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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