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nicol
21-05-2007, 06:20 AM
If I purchased a property with Assured Tenant whose rent is fairly modest compared with similar properties within the local area who also claims Housing Benefit.

Also very little updating has been done as the property is without central heating and both kitchen & bathroom is in need of updating.
Could I as the landlord update the property and then apply for a rent review via the Rent Assessment Panel.
Equally important could the Tenant decline to have the updating .
How would the Housing Benefit be viewed on regarding this action

Nicol

jeffrey
21-05-2007, 08:55 AM
If I purchased a property with Assured Tenant whose rent is fairly modest compared with similar properties within the local area who also claims Housing Benefit.

Also very little updating has been done as the property is without central heating and both kitchen & bathroom is in need of updating.
Could I as the landlord update the property and then apply for a rent review via the Rent Assessment Panel.
Equally important could the Tenant decline to have the updating .
How would the Housing Benefit be viewed on regarding this action

Nicol

1. Is it an Assured Shorthold Tenancy or a Standard Assured Tenancy? OR a Housing Act 1980 Protected Shorthold? This will depend on when the tenancy started and what Notices have been served.
2. Does Agreement reserve a fixed rent or is there a clause allowing rent increases (eg to pre-determined figure or by a pre-determined mechanism)?
3. See s.13 of Housing Act 1988 (does not apply if Agreement provides for rent increases).

nicol
21-05-2007, 09:29 AM
1. Is it an Assured Shorthold Tenancy or a Standard Assured Tenancy? OR a Housing Act 1980 Protected Shorthold? This will depend on when the tenancy started and what Notices have been served.
2. Does Agreement reserve a fixed rent or is there a clause allowing rent increases (eg to pre-determined figure or by a pre-determined mechanism)?
3. See s.13 of Housing Act 1988 (does not apply if Agreement provides for rent increases).

Thanks for reply: The tenant took over the tenancy from his late mother who died in 1990 (This was the last recorded entry on the Rent Register) as I understand the tenenant then became an Standard Assured tenant There does not seem to be any other agreeement in place.
Nicol

jeffrey
21-05-2007, 10:09 AM
Thanks for reply: The tenant took over the tenancy from his late mother who died in 1990 (This was the last recorded entry on the Rent Register) as I understand the tenenant then became an Standard Assured tenant There does not seem to be any other agreeement in place.
Nicol

But when did his mother become the tenant? If before 1988, it's probably governed by the Rent Act 1977 and therefore much more pro-tenant.

nicol
21-05-2007, 11:27 AM
But when did his mother become the tenant? If before 1988, it's probably governed by the Rent Act 1977 and therefore much more pro-tenant.

Thanks: His mother became the tenant before 1988.

According to The Rent Service he is not on the register .

jeffrey
21-05-2007, 11:47 AM
Thanks: His mother became the tenant before 1988.

According to The Rent Service he is not on the register .

But you said that he is, as from 1990: see post #3, indicating that last recorded entry in 1990 showed that he took over from his mother.

If his mother was the original tenant, he is a successor.
If someone else (eg his father) was the original tenant, however, the mother herself is a successor. The present occupier may therefore not be competent to be a second successor, because the 1988 Act ended subsequent transmissions.

nicol
21-05-2007, 13:13 PM
But you said that he is, as from 1990: see post #3, indicating that last recorded entry in 1990 showed that he took over from his mother.

If his mother was the original tenant, he is a successor.
If someone else (eg his father) was the original tenant, however, the mother herself is a successor. The present occupier may therefore not be competent to be a second successor, because the 1988 Act ended subsequent transmissions.

Yes I have now found out that that this is correct his father was the original tenant.
What is his position now regarding rent increases

jeffrey
21-05-2007, 13:31 PM
Rent Act is not my specialist subject, but I suspect that T is now unprotected by it as a purported second successor. Anyway, the burden of proof would be on him (to prove that the Act applies) and not on L trying to increase rent (on grounds that Act no longer applies so far as rent protection).

Take specialist advice re your position as L.

nicol
21-05-2007, 13:43 PM
Rent Act is not my specialist subject, but I suspect that T is now unprotected by it as a purported second successor. Anyway, the burden of proof would be on him (to prove that the Act applies) and not on L trying to increase rent (on grounds that Act no longer applies so far as rent protection).

Take specialist advice re your position as L.

Thank you Jeffrey very much appreciated Nicol