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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My sister who is 73 years has been a tenant in Grays Inn Rd.

Customer Question

My sister who is 73 years has been a tenant in Grays Inn Rd. Holborn for 25 years.
She has been in hospital for six months and her rent has been paid directly from her
pension. Now she has been transferred to a care home. Can she retain her flat
or must it be vacated?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if our sister is a private or council tenant please?
Customer: replied 2 years ago.

I believe the property is now owned by a company since its

refurbishment as they are selling the flats once they become

available.

Expert:  Joshua replied 2 years ago.
Thank you. So do I undertstand from the above that she is a private tenant rather than a housing assoication or council tenant? I ask becuase it makes a difference to the type of tenancy she will have
Customer: replied 2 years ago.

Originally I believe the flat was owned by an Housing Association

when first tenanted approx. 30 years ago. In 2013 it was refurbished

and some flats sold privately. My assumption is based on this.

The main problem is her being placed in a care home, whom no

doubt will be paid through her pension, in which case would her

pension also be able to cover the flat cost in case she eventually

can return to it. If the flat cost can be paid I do not think she

would have to leave.

Expert:  Joshua replied 2 years ago.
I sincerely ***** ***** the delay in reverting to you - I have been in a meeting which overran. If your sister is receiving housing benefit then this benefit can continue for up to one year from the date she enters into care. However from what you say I infer she is not in receipt of housing benefit but rather is paying for her rent from private income.If this is the case then her rights will depend upon the type of tenancy she has. In all cases if she moves out permanently then she will lose security of tenure in respect of her tenancy and the landlord can serve notice to end the tenancy. This is only the case if she has moved out permanently which will usually become clearer after her 6 week assessment or further assessment. If these assessments indicate that she is likely to only live in residential care temporarily with a view to returning home then she does not lose security of tenure.If it becomes clear that she is likely to remain in residential following assessments then as above security of tenure falls away though if she has a housing association tenancy she can ask permission to assign the tenancy to another family member who has lived with her for the last year or to a spouse. If she has a council or regulated private tenancy she has a right to assign to the same people.If it is anticipated that she will return to the tenancy though then she remains a secure tenant though rent will need to be covered in the usual way or the aldnod could seek to terminate the tenancy for non payment of rent though this is far from straightforward and would not happen without usually several court hearing and oportunities to bring the rent up to date. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

Very much appreciate your response.

May I ask a further question - application was made to the Court

of Protection to manage my sister's financial affairs whilst in care.

Am I entitled to receive details of outgoings and balances at

regular intervals?

Customer: replied 2 years ago.

Jason I am now informed that my sister is receiving housing benefit.

I take it from your response that this means it should continue for

twelve months. My sister was put into care last week ending

25th April 2015. Do I understand therefore that the rent will be

covered until April 2016?

Expert:  Joshua replied 2 years ago.
Housing benefit can be paid for up to 12 months though this will be dependent upon the outcome of periodic reviews of your sister. If the outcome of any reviews that she is likely to remain in care permanently, the local authority will seek to review the position with regards ***** ***** benefit from that point. If it is wished to dispute the outcome of the review, there is an appeals process available

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