Does a sitting tenant have to pay ground rent?

zuliano

In last year, I am more and more looking after my mum's affairs (trying to). She has dementia.

She has been a n a sitting tenant in a privately rented property since 1966 since her dad, my grandpa died.

To day seemingly out of the blue she received a letter from the landlord saying that she needs to pay £78:90 ground rent.

It was explained by the landlord that the Manchester City Council want a payment every year and 'somehow' the payments haven't been coming from my mum's bank account.

This all seems dodgy to me? How do I know this landlord isn't trying to take advantage because he knows my mum has dementia and I will not know about what's what?

I am not sure what to do?

The tenancy agreement cannot be found. The landlords do not have any record, and I cannot find it. But my grandad took on the house in 1939, and like said when he died mum took on as sitting tenant in 1966.

What does anyone suggest I do. Just pay the landlord? isn't he responsible for ground rent of his property?

kelpie35

Is it a private landlord or social housing?

Car1980

They can only claim for the last 6 years. Is the £78.90 for 6 years?

rtho782

If nobody can find the tenancy then I guess they have a "verbal" tenancy, and there are potentially arguments to be had over the terms of it.

I doubt she is required to pay ground rent, but if she says no, the landlord could give her 2 months notice of eviction, and she'd have to move, which possibly wouldn't be in her best interests at her age, having lived there basically all her life.

Is it worth the risk for £80?

45002

zuliano wrote:

In last year, I am more and more looking after my mum's affairs (trying to). She has dementia.

She has been a n a sitting tenant in a privately rented property since 1966 since her dad, my grandpa died.

To day seemingly out of the blue she received a letter from the landlord saying that she needs to pay £78:90 ground rent.

It was explained by the landlord that the Manchester City Council want a payment every year and 'somehow' the payments haven't been coming from my mum's bank account.

This all seems dodgy to me? How do I know this landlord isn't trying to take advantage because he knows my mum has dementia and I will not know about what's what?

I am not sure what to do?

The tenancy agreement cannot be found. The landlords do not have any record, and I cannot find it. But my grandad took on the house in 1939, and like said when he died mum took on as sitting tenant in 1966.

What does anyone suggest I do. Just pay the landlord? isn't he responsible for ground rent of his property?

Assuming it still a private LL and she has a regulated tenancy.

No, she doesn't have to pay ground rent....





....

wesleyad

rtho782 wrote: »

If nobody can find the tenancy then I guess they have a "verbal" tenancy, and there are potentially arguments to be had over the terms of it.

I doubt she is required to pay ground rent, but if she says no, the landlord could give her 2 months notice of eviction, and she'd have to move, which possibly wouldn't be in her best interests at her age, having lived there basically all her life.

Is it worth the risk for £80?

It's likely the mum has a protected tenancy as she has been there from before the 1989 cutoff and as such would be much harder to evict (almost impossible at this point assuming (normal) rent is continually paid)

PasturesNew

rtho782 wrote: »

I doubt she is required to pay ground rent, but if she says no, the landlord could give her 2 months notice of eviction, and she'd have to move, which possibly wouldn't be in her best interests at her age, having lived there basically all her life.

Is it worth the risk for £80?

NO.

The OP's mother has an old tenancy agreement - when you had the right to live in a house for life, forever, and some could even pass this right on (she got it from her dad).

These style were replaced by the current/modern ones of ~1996/1997 which meant the landlord could give you notice and turf you out.

The OP's mother's house is "worth about half" what it would be if it were a modern tenancy. Her landlord can sell her house, at a cheap price as there are limited buyers for it - but she can never be evicted.

PasturesNew

If this is a payment she has made before would it show up in old bank statements?

The landlord could give the dates in the past when these payments were allegedly received.... and that could be checked against past bank statements. He should be able to give quite old dates for it too, so you can check he's not just stiffed her for this in the last 1-2 years when he thought he could get away with it.

G_M

45002 wrote: »

Assuming it still a private LL and she has a regulated tenancy.

No, she doesn't have to pay ground rent....
....

You can check the tenancy type here:

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

rtho782

wesleyad wrote: »

It's likely the mum has a protected tenancy as she has been there from before the 1989 cutoff and as such would be much harder to evict (almost impossible at this point assuming (normal) rent is continually paid)

Fair enough, I was 6 in 1989 so never considered this

theartfullodger

Any problems 'phone Shelter helpline 0808 800 4444 for advice (expect a wait..)
8-8 Mon-Fri:
9-5 all other days including Xmas day (!)

They are the experts in Housing matters & one of the few mobs that understand Mum's sort of tenancy...

But I'm confident she doesn't have to pay.

Best regards