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Rights Of Succession

Protected Tenancies Rights Of Succession


You would be forgiven for thinking that your property will become vacant upon the death of a regulated tenant. This is not always the case as in certain circumstances the tenancy could be passed to a husband, wife or civil partner. The tenancy could also be passed to another family member provided they have been living in the house atleast two years before the death of the original tenant.There are lots of situations where this doesn’t happen but you need to make sure you know who is living in the house during the tenancy.

Rights Of Succession Passing A Tenancy To Another Person


A regulated tenancy could be passed to another tenant if: a husband, wife, civil partner or cohabitee, that was living in the property when the tenant died. Another member of the tenant’s family, provided you lived in the property with the tenant for at least two years before they died and there is no spouse, civil partner or partner who is entitled to succeed.

If the successor is the spouse or partner, and there has not been a previous succession, the tenancy remains a regulated tenancy. If it passes to another member of the tenant’s family, or is a second succession, it becomes an assured tenancy. Regulated tenancies can only be passed on twice in very limited circumstances. Your tenant is obligated to inform you who is residing in the property but this doesn’t always happen so it is important to keep updated. There is more information on this subject at the shelter website so please go over and have a look if you are concerned.

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