News & Views

The death of a tenant may not mean the end of the tenancy


If you are a landlord or you are buying a property with a tenant, it is important to consider the issue of succession.  Where a tenant is protected by the Rent Act 1977, the landlord may well be burdened with a tenant for a number of years.  It is not uncommon for a buyer to acquire a freehold anticipating that on the death of the tenant the lease will terminate.

This may not be the case. Where there is ‘a Rent Act tenant’, there is a risk that the rules of succession come into play and a family member is entitled to succeed the tenancy on the death of the tenant.  This will have a substantial effect on the value of the interest being purchased and must be considered.

For more information please contact Caroline or our residential team.

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