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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mum has been renting a flat years sadly she's passed

Resolved Question:

My mum has been renting a flat for 30 years sadly she's passed away.
I've been living with her and looking after her for the last 4years. Also paying the rent from my own account for the last 10 years as she hadn't the money.
How long till I have to move out myself and what rights do I have to stay in the flat ?
The rent review is next year if that helps
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is she renting from a private Landlord?
Customer: replied 1 year ago.
Hi Alex.She's was renting from Metrus who are managing agents
Customer: replied 1 year ago.
St. John's Wood high street.That manage a protfoilio
Customer: replied 1 year ago.
Are you there?
Expert:  Ash replied 1 year ago.
Ok. I can say there are different rules for Council property and Housing Association property than there are for private accommodation. As this is private there can be one succession but this can only be to a spouse or partner.
I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Can you explain what succession means ?
Thanks
Customer: replied 1 year ago.
We pay quarterly and she's paid till 28th of March.
Customer: replied 1 year ago.
Are you saying that we can have till the next payment ?
Customer: replied 1 year ago.
Or we can stay only till the 28th of March
Customer: replied 1 year ago.
Thanks
Expert:  Ash replied 1 year ago.
Yes, this is where someone passes on. There can be a right to succeed - that is take on the tenancy.
If this was a Council property there is an entitlement to one succession by anyone living with the tenant. For private as I have indicated there is also one succession entitlement but it can only be by spouse or person living together as spouse.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes it does.So can we keep the flat till the last payment at least. She had payed till the 28th of March or do we have to vacate imeadiatly ?
Thanks
Customer: replied 1 year ago.
Just need to know this and that's it.Thank you
Customer: replied 1 year ago.
How long till I have to move out myself ?!
Thanks
Expert:  Ash replied 1 year ago.
No, if it was until 28th March you can stay until then. Indeed the Landlord would have to serve notice, which would give you a further month and then if you dont move out need to get a Court order.
All in all you could probably get around 3 months beyond March.
Does that help?
Alex
Customer: replied 1 year ago.
Yes. That helped a lot.Thanks very much. :-)
Expert:  Ash replied 1 year ago.
Good luck!
Alex
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