Surrendering a lease

CTY

My brother has been renting the same property for 30 years and has sadly passed away. My mothers name is also on the tenancy agreement. We know the landlords would like to have the property vacated as they would be able to refurb and get a much higher rental on it ( its in central London) should we ask for them to make us a cash offer to surrender?

BitterAndTwisted

NO! Whatever cash sum you can extricate from them could not compensate your mother from the much higher rent she will have to pay from then on.

She's a protected tenant and she should sit tight. You might even be able to inherit this tenancy. Look into it

CTY

Thanks b&t. My mother doesn't actually live there full time and is less likely to now. It's just that we know they are desperate to get hold of the property so don't want to just give it up if we can get something out of it after 30 years renting.

BitterAndTwisted

Oh, you'll be able to wring a decent sum out of them, all right.

zzzLazyDaisy

But in the meantime your mum is on the tenancy and liable for the rent. She isn't entitled to assistance with the rent as she has £30,000 in savings (even if she gives her savings to you have raised in your other thread, she will be caught by the deprivation of assets rule and will still not be entitled to LHA).

CTY

Really?? It hadn't even crossed my mind till someone mentioned it. His current rent is about £800 PCM. I reckon they could get that amount a week, they were already asking to get access to refurb the kitchen and bathroom and I think they would then do the 2 year rent review. Within 10 minutes of notifying of my brothers death ( only called them as he was due to have someone round to look at the electrics) they rang me back and asked when I would be clearing the flat... I pointed out that not only was it a bit premature to be asking that but also my mothers name is on the tenancy... Do you think I should now email them and would they consider 'buying us out" not sure what the correct term would be .. Also should I say what we would like or see what hey offer?? What's the going rate for this sort of thing?

zzzLazyDaisy

CTY wrote: »

His current rent is about £800 PCM.... my mothers name is on the tenancy.

So what you really mean is that your mother's rent is £800 pcm - he doesn't pay rent as he is dead... sorry to state the obvious)

CTY

Zzz lazy daisy. Aware that we would be liable for the rent. But can cover that if need be while waiting to see what they do... The other thread as such is unrelated. Neither of us are on benefits, my mother is just trying to simplify things by passing to me. Her only other relative was my brother who has just passed away. The 30k mentioned was ultimately for him as his needs were greater than mine. Now she just wants to give to me as I am solely responsible for her.

N79

CTY wrote: »

My mother doesn't actually live there full time and is less likely to now.

What does this mean? Your mother only has succession rights if she has lived at the property with your brother for the last 2 years.

Also the comments above about paying rent are very important as a succession tenancy for your mother will be an Assured Tenancy and not a Regulated tenancy so there is the possibility of a mandatory possession claim (the "usual" Section 8, Ground 8) if there is ever 2 months rent unpaid.

BitterAndTwisted

The OP's mother had a stroke and is now living with and being cared for by the OP.

Still, she's on the tenancy agreement and unless the landlord has been watching the place every day are not in a position to know when she last stayed there or whether it is still her permanent home

tim123456789

Am I the only one wondering what possible benefit the OP's mother can get from keeping this secure tenancy if she doesn't actaully need to live there?

If she keeps it, she pays rent on an empty property, what's the point of that?

tim