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Question Title: Death of a joint tenant
| Question: 351 |
| We have an assured shorthold tenancy which has been renewed on three occasions under a fixed term of six months on each occasion. Unfortunately, one of the tenants has passed away, with the tenancy due for renewal 1st July. The landlord is quite happy to renew the tenancy for the surviving tenant. However, he is wanting to return to the property mid year next year and would like us to incorporate break clauses for both landlord and tenant. Obviously if we recreate a new tenancy for the surviving tenant, this will have to be a fixed term and may encroach on the time in which the landlord wishes to re-occupy. Could we renew the existing tenancy naming the deceased? And then, in which case, we can still incorporate the break clauses. Probate has not been granted as yet to the survivor, if this makes any difference.
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| Answer: |
| Where there is a joint tenancy and one of the tenants dies the common law rules provide that the remaining tenant will take the tenancy by survivorship. Thus, the tenant survives to the existing tenancy. This will continue, after 1st July as a periodic tenancy which may be terminated on two months' notice. The creation of a new fixed term in the name of the surviving tenant alone would be the creation of a new tenancy which could not be terminated by s21 notice within the first six months. This is one of those situations where doing nothing is probably best.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2004 page 29 |
letting-update-journal.html
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Letting Handbook |
Chapters 5 & 9 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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