Statutory tenancy

Landlord Discussion Legal
1

Dear Forum,

I need some help with the rules regarding a statuary tenancy and transmission of tenancy please

early 1974 Tenancy Agreement with Mr A

04/95 Fair rent registered with Mr and Mrs A

06/1997 last rent registration in ? name

I purchased the property end1999

At that time, as far as I know, there was no one other than Mrs A and her daughter (teen?) in the flat

03/2000 Fair rent was registered with Mrs A (under maiden name ‘Ms B’) and has continued every two years between myself and Ms B

Daughter moved out several years ago and bought her own house. Mr A returned to live in the flat at some stage

Mr and Mrs A have now been at daughter’s (Miss A) “temporarily” for over 12 months, still paying the rent. Someone calls in for mail every 2 weeks.

However, letters are coming to the house for Miss A. I find this a bit strange, as she has her own home. My concern is that she might be trying to establish residency, with the assumption she can take over the Statutory tenancy from her mother.

I am not sure of the current rules regarding transmission. Although she doesn’t live there, can she take on the flat as an ST or does she become an Assured tenant paying market rent. Also, can she sub let?
How does this work and who has what rights under this type of tenancy?

2

You need to gather as much evidence as you can that she doesnt live there in case you need to contest it later. If she does end up succeeding the tenancy then my understanding is that it would only be on an Assured Tenancy, so s8 eviction gounds would be available to you and you could increase to a market rent for the property. You should speak to a specialist firm of lawyers such as Anthony Gold or JMW to check the position.

3

My understanding is. that she would have to live there for 2 years & being living there when the tenant dies for her to inherit the tenancy on the same terms as the current tenant.

In your situation I would do two things:

  1. Speak directly with the rent officer who deals with your rent review, explaining the situation & your concerns & see what they say.
  2. Inspect the property regularly and document evidence of who is living there so you can hopefully prove that the daughter does not if you need to.

Good luck!

4

Thank you very much. Good to have the name of a solicitor who deals with this

5

Thank you very much for the advice, Tricia

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