Surrender of a Regulated Tenancy

gauly

Would it also be worth quoting the approximate full market rent that you would expect next year in the letter you send? They may not realise just how much the rent is going to go up. The point where you change the rent (or evict them) is where you are going to get trouble.

clutton_2

i think it would be very wise to go talk to both of them, to get the full picture if possible as to why the neice wants to move in. You are working partially in the dark as to why they want to change a cast-iron arrangment which has great advantages for the tenant at present. I am assuming that the neice wants to move in to be a live-in carer and wishes to claim housing benefit and/or possibly carers allowance ..... but this may not be the real reason.

Do you know IF the neice could claim possession of the assured tenancy when her aunt dies ? - this is a crucial bit of info to have.

I sense you are loathe to "interfere" in your tenants lives, but i think you need to meet them to ensure that you are indeed acting in their best interests as far as is possible - in terms of them understanding the consequences of their actions.

You could always take the aunt and niece to CAB - that would show fairmindedness and transparenecy from your perspective,

let us know how you get on


If they claim housing benefit then there will be no need for eviction methinks.

paddy's_mum

Why not point the tenant to specialist advice, which they get at your expense, so that there cannot ever be any question except that you bent over backwards to play fair.

If you have to pay out for say two hours specialist advice (cost .. what - 300 or 400 pounds) keep a demonstrable paper trail, and can show that you were 100% honourable and above board, how could any suggestion of trickery or preying on the tenant's ignorance possibly be substantiated.

It may not be strictly moneysaving but what price not having to stress over it for the next however many years?

pimento

Perhaps the niece thinks she'll be able to carry on living there at the same cheap rent when her relatives die.

N79

gauly wrote: »

Would it also be worth quoting the approximate full market rent that you would expect next year in the letter you send? They may not realise just how much the rent is going to go up.

An excellent suggestion.

gauly wrote: »

The point where you change the rent (or evict them) is where you are going to get trouble.

Indeed!

N79

clutton wrote: »

i think it would be very wise to go talk to both of them, to get the full picture if possible as to why the neice wants to move in. You are working partially in the dark as to why they want to change a cast-iron arrangment which has great advantages for the tenant at present. I am assuming that the neice wants to move in to be a live-in carer and wishes to claim housing benefit and/or possibly carers allowance ..... but this may not be the real reason.

Do you know IF the neice could claim possession of the assured tenancy when her aunt dies ? - this is a crucial bit of info to have.

If niece lives there for 2 years before T dies then they could succeed the tenancy but it would be an assured tenancy and not a regulated tenancy (a vast improvement!)

clutton wrote: »

I sense you are loathe to "interfere" in your tenants lives, but i think you need to meet them to ensure that you are indeed acting in their best interests as far as is possible - in terms of them understanding the consequences of their actions.

You could always take the aunt and niece to CAB - that would show fairmindedness and transparenecy from your perspective,

Meeting them is not going to happen. I am not travelling thousands of miles and wasting precious allowable UK time dealing with this issue. My staff have spoken to the T - maybe another conversation is in order!

clutton wrote: »

let us know how you get on


If they claim housing benefit then there will be no need for eviction methinks.

Quite - I have no intention of eviction, whatever the resulting tenancy. But nor am I willing to give the niece a regulated tenancy! I will let you know how I get on, but I guess this will rumble on for months or even years.

N79

paddy's_mum wrote: »

Why not point the tenant to specialist advice, which they get at your expense, so that there cannot ever be any question except that you bent over backwards to play fair.

If you have to pay out for say two hours specialist advice (cost .. what - 300 or 400 pounds) keep a demonstrable paper trail, and can show that you were 100% honourable and above board, how could any suggestion of trickery or preying on the tenant's ignorance possibly be substantiated.

It may not be strictly moneysaving but what price not having to stress over it for the next however many years?

I'm not that generous - it would be money wasted if the T decided not to proceed. I guess I will be able to gain possession in less than 10 years regardless.

N79

pimento wrote: »

Perhaps the niece thinks she'll be able to carry on living there at the same cheap rent when her relatives die.

Perhaps, but in which case the niece is sorely mistaken as they will succeed to an assured tenancy, not a regulated tenancy. At worst I will be able to raise the rent to 90% of the market rent without problems.

sonastin

My opinion... if you have pointed out that there are consequences to their decision (by including an example of what the rent could go up to), pointed them in the direction of organisations that can provide advice on this situation and advised them to seek this advice then you have done what can be reasonably expected from you. However, as you are aware, it could come down to the mood of the judge on the day. The belt-and-braces approach would be to pay for their solicitor but I agree that that is probably above-and-beyond what is required in this situation.

Perhaps even include in you letter something along the lines of "I do not wish to be seen to be taking advantage of your situation so I urge you to take professional advice on surrendering this tenancy so that you are fully aware of the implications." Pretty much cuts the legs from under a "but he took advantage of us because we didn't understand what it meant" argument if they don't take legal advice.

theartfullodger

I believe old regulated tenants who have subsequently taken ASTs have been able to regain the old regulated rights in some cases, albeit usually when the LL was trying to pull a fast one.

Tread carefully....