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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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My mother and father (deceased) have a long term unfurnished

Customer Question

My mother and father (deceased) have a long term unfurnished tenancy agreement on property they have lived in since 1995. They are both named on the agreement.

The term is 5 year(s) from 1st March 1995 with tenants option to renew on the same terms and conditions thereafter. They have provided the landlord with written notice to renew every 5 years until this date.

I lived in the property with my parents until I married and moved out 6 years ago. However, since the passing of my father my mother has become unwell and its our intention to move into the family home and look after her.

If my mother passes way during the time that we are living with her would we have the right of succession? I have read that immediate family members living at a property as their principle home for more than 12 months before the original tenant passes away are entitled to inherit the agreement - is this correct and what would we need to do to make this legally binding?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I n some circumstances children can succeed to their parent's tenancy but this is unusual in the private sector. Do you know what sort of tenancy your mother has, when did they move in and who is the landlord?

Customer: It's a private tenancy, very basic. I understood it may qualify as assured based on the year (aren't most private tenancies between 1989-1997?)
Customer: Landlord is one of the private owner of the property but in the last 5 years the other died and left their share to the grandchildren
LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Please could you finish your reply now that you have more info, your last response was a question
Customer: replied 3 years ago.
Relist: Incomplete answer.
The last solicitor answered my question with a question then I was expected to pay again for the answer. One of the answes to thd question they asked was obvious from my original text!
Expert:  LondonlawyerJ replied 3 years ago.
Thankyou for that extra information I will answer your question now. Like most lawyers on this site I am a working lawyer and have to fit in answers around my professional commitments.
Expert:  LondonlawyerJ replied 3 years ago.
It is likely that your parents were assured tenants if:
-you pay rent to a private landlord and
-you have control over your home so that your landlord and other people cannot come in whenever they want to and
-your landlord does not live in the same building as you and
-you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy.

So from what you say it sounds like your parents were likely to be assured tenants.
If an assured tenant dies it may be possible for the tenancy to be passed on to a spouse, civil partner or partner. This is known as succession and is only possible if the tenancy has not previously been passed on this way. It can only take place if the spouse, civil partner or partner was living in the property at the time of the tenant's death.

You would therefore not be able to succeed to the tenancy as children are not able to succeed to an assured tenancy.

Tenants with full Rent Act protection have wider rights to succession that would include to a child of a tenant who had lived with the tenant for at least a year prior to the tenant’s death. This may be what you have read about.