The scenario…
An RP granted a joint assured tenancy to Mr and Mrs M pre-2010. Mr M has recently died, his grandson and partner have approached us asking if they can succeed to the tenancy as they have been living at the property for the last 16 months, looking after their grandfather after he had been diagnosed with a terminal illness. They have been helping with the bills and rent. Their grandmother left the property in 2014 when his grandfather started drinking heavily, she hasn’t been in contact since. Can we let the grandson succeed? His partner is expecting a child soon.
Our advice…
As this was a joint tenancy between Mr and Mrs M, the tenancy has passed from Mr M to Mrs M. You can’t “stop” the tenancy passing via the right of survivorship to the remaining sole tenant, even if it is believed she was not living at the property at the time of Mr M’s death. This is something that happens automatically by law, the tenancy now stands in the sole name of Mrs M, the tenancy has passed to her by succession - this will count as a succession right and therefore the succession right has been used up, there will be no right of succession for the grandson to use.
You also can’t agree to bypass Mrs M and give the tenancy to the grandson now – the tenancy has passed to Mrs M as the remaining joint tenant automatically by operation of law on the date of death – you don’t have to fill in any paperwork to make it happen (you just need to change your records to her name).
If Mrs M has not been living at the property nor using the property as her only or principal home, then you do have the option of bringing the tenancy to an end by serving an NTQ on her (if a periodic tenancy) for non-occupation. If you do start court proceedings against her for possession and a possession order is made, then that may assist the grandson is getting rehoused.
If you have any questions relating to this query, please contact Helen Tucker.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.