Surrender of a Regulated Tenancy

N79

This one is going to come down to a judge's opinion so I am posting the situation to get peoples take on it before ending up in court on the losing side. Feel free to give your opinion - all welcome. It would be good to get a feeling for how people view the proposed action on the basis that any future judge will share similar feelings.

Background

Regulated tenancy, already succeeded once. Current "fair" rent is approximately 40% of market rent.

T is in their late 70s and of reasonable but (slowly and age appropriatly) deteriorating health.

T's niece has taken up residence in the property.

I believe that the niece wishes to claim some housing / address related benefit which requires them to produce a tenancy agreement in their name so T has asked to assign tenancy to niece. I have refused this request (niece is approximately 50 and appears in good health).

T has now requested a new tenancy. I am happy to accept the T's surrender of their current tenancy and then to grant them both a new tenancy (obviously!) and T is fairly adamant that they want to do this.

Problem

However, would a court view this as intentionally depriving the T of their protected rights?

I will provide a written warning to the T that they will adversely affect their security of tenure and other protected rights (including their "fair" rent) by surrendering their tenancy and I will also (in bold print) advise them to seek legal advice before surrendering their tenancy. I will also provide Shelter's and the Local Council's housing department contact details in the letter as sources of advice.

In my view (and that of my solictor, although they would not bet any money on their opinion!) this is probably enough to protect me from a claim of "tricking" the T to give up their rights when they inevitably complain at their rent more than doubling next year.

I would be interested to hear if others have a different view or believe that I should take further steps to protect myself.

Jowo_2

Sorry not to answer the question but I am surprised that the tenant is ending their security of tenure in order to let a relative claim HB towards what must be a peppercorn rent when if the tenancy simply rolled on, she would succeed the tenancy upon the T's death.

N79

Jowo wrote: »

Sorry not to answer the question but I am surprised that the tenant is ending their security of tenure in order to let a relative claim HB towards what must be a peppercorn rent when if the tenancy simply rolled on, she would succeed the tenancy upon the T's death.

Exactly why I am worried that a court would view myself as gaining all the benefit (and hence of "tricking" the T into doing this) as obviously if they surrender then it is a great day for me.

I don't believe its my business to enquire or worry but I do wonder what the T is getting out of this arrangement!

PS - the benefits part is a guess. T has mentioned that they want a tenancy agreement with niece's name but I do not know why. I guess their could be other reasons.

RabbitMad

I suggest not doubling the rent in one go but increasing slowly-ish so as not to push the tenant in to looking into the situation

theartfullodger

Get specialist advice from a LLC/tenant expert e.g. the solicitor who advertises on landlordzone. This is a minefield, do nothing without very reliable (ie not any old...
) legal advice

N79

RabbitMad wrote: »

I suggest not doubling the rent in one go but increasing slowly-ish so as not to push the tenant in to looking into the situation

Any significant rise (which lets face it is the only reason I am considering the T's request in the first place) is likely to have this effect so I'm not sure there is any benefit to phasing in any increase!

N79

theartfullodger wrote: »

Get specialist advice from a LLC/tenant expert e.g. the solicitor who advertises on landlordzone. This is a minefield, do nothing without very reliable (ie not any old...
) legal advice

Already done - my solicitor (who is a LL&T expert) equivocated with the view that it was "probably" enough to satisfy a court! At the end of the day that may be the best I can get.

BitterAndTwisted

Perhaps you should tell the old gent that you won't accept the relinquishing of his Regulated Tenancy unless you are satisfied that he has indeed received specialist advice. It would be horrible if pressure is being brought to bear on someone not totally competent to understand what it will mean.

ericonabike

Perhaps the one doing the dirty is the niece? As you say, seems little in it for the T. But OTOH she may be caring for him. And if they are both on benefits the increased rent would not be such an issue. My concern would be for the T's security of tenure if and when you get him off the assured tenancy. Would you be looking to serve a S21 on him? If so, then shame on you, regardless of the legality of it.

N79

BitterAndTwisted wrote: »

Perhaps you should tell the old gent that you won't accept the relinquishing of his Regulated Tenancy unless you are satisfied that he has indeed received specialist advice. It would be horrible if pressure is being brought to bear on someone not totally competent to understand what it will mean.

Its an old lady, but never mind. I have pointed her in the direction of free advice. I will look into your suggestion about forcing her to do this.

N79

ericonabike wrote: »

Perhaps the one doing the dirty is the niece? As you say, seems little in it for the T. But OTOH she may be caring for him.

Indeed, who knows. I don't believe it is my business to interfere.

ericonabike wrote: »

And if they are both on benefits the increased rent would not be such an issue. My concern would be for the T's security of tenure if and when you get him off the assured tenancy.

He has a regulated tenancy, not an assured tenancy - but your point remains. An assured tenancy is what I would get when the T dies (assuming niece stays and qualifies to succeed T).

ericonabike wrote: »

Would you be looking to serve a S21 on him? If so, then shame on you, regardless of the legality of it.

Not really, no - I have no reason to end the tenancy but I would target a "market" rent rather than a "fair" rent. Of course, I would seek to end the tenancy if the T got into arrears.