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Question Title: Two sons inherit an old Regulated Tenancy
| Question: 357 |
| We are managing what was an old Regulated Tenancy which was on a very low rent. The parents, who were the tenants, have both died without leaving wills and the two sons, who have always lived with them, continue to live in the property. What sort of tenants are they and is there any way that we can increase the rent to something approaching a realistic level?
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| Answer: |
| The sons will be entitled to succeed to the Rent Act protected tenancy but as an assured tenant under the provisions of the Housing Act 1988 on the basis that they were members of the deceased tenants' family and had resided at the property for at least two years before the tenants' deaths. As there was no will they will succeed as joint tenants. The new tenancy will be subject to the other provisions on the 1988 Act and that will include the right of a landlord, under section 13, to give notice to the tenants of an increase in rent. Such an increase, if not accepted by the tenant, would be referred to a Rent Assessment Committee. A copy of the prescribed s.13 notice can be downloaded from our website at www.letlink.co.uk.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jul 2003 page 26 |
letting-update-journal.html
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Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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