Succession. Regulated to Assured

Tenancy Types and Management

Dear Sirs

I have some quiries concerning rights to take over a tenancy from a Regulated Tenant. I understand that a family member who has lived with a Regulated Tenant for the two years immediately before the Regulated Tenants death has the right to an Assured tenancy. The family member has a right to succession.Is this correct?

I also understand that the tenant in succession does not have the right to apply for a fair rent and that we can charge an open market rent. Is this correct?

Finally I understand that there can be a second succession to a family member who has lived with the Assured Tenant for the two years immediately before the Assured Tenants death. Is this correct?

The above queries concern a 3bd maisonette. The person who we believe to be entitled to an Assured tenancy does not work and will, we believe, be receiving Local Housing Allowance, (LHA).

We understand that this person is only entitled to LHA for a 1 bedroom flat and will therefore probably fall into rent arrears in due course. How do we obtain possession on an Assured tenant.

Regards


Martin O'Hara