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Question Title: Succession
| Question: 68 |
| We recently let a property to a couple, and shortly after they moved in, the gentleman died unexpectedly. His partner was not named on the tenancy agreement although the landlord was fully aware of her presence. As they are not married what is the situation ?
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| Answer: |
| Succession to an assured or assured shorthold tenancy is limited to just one successor, and that successor must be the spouse, or common law spouse of the tenant. Section 17 of the Housing Act 1988 provides that a person who was residing at the property with the deceased as their only or main home immediately before the death occurred and that they were living as husband and wife is a spouse for the purpose of succession. Whether or not the couple will be considered to be living as husband and wife will depend upon the circumstances in the particular case, and the following should be considered: whether or not they have any children (although this will not be decisive in itself), how long they have been together; and whether the couple hold themselves as a married couple. Where such facts cannot be established or where the other party is clearly not a spouse or common law spouse, possession can be sought, once the tenancy has become periodic, by issuing possession proceedings relying on Ground 7 of Schedule 2 to the Housing Act 1988 (that the former tenant has died and the current occupant has no rights of succession). This is a mandatory ground and proceedings must be started within one year of the tenant's death. If the tenancy is still during the currency of its fixed term, then the death does not determine the tenancy - it can be inherited by whoever is entitled under will or intestacy. The successor may succeed to the tenancy until the fixed term expires. All notices should be served in the name of the successor as she is, by law the tenant, regardless of the fact that she was not named on the original agreement.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
July 2003 page 26 |
letting-update-journal.html
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Letting Handbook |
Chapter 5 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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