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As the Renters’ Rights Bill proceeds through Parliament, this is one of a number of articles we are publishing looking at the proposed changes. The article addresses reform of the English private rented sector only.
A stated aim of the Bill is to prevent renters and their families from being uprooted from their home with little notice and minimal justification.
What the government guidance doesn’t make clear is that this protection can continue after the death of the original tenant.
This is because the Bill makes assured tenancies the default residential letting and assured tenancies carry succession rights. There has been no indication that this will be changed.
What does this mean?
When an assured tenant dies:
- the tenant’s spouse, civil partner or cohabitee can succeed to the tenancy if they were living in the property as their only or principal home at the time of the tenant's death
- this means that the spouse, civil partner or cohabitee becomes an assured tenant in their own right
- the succession is automatic and can’t be opposed by the landlord – even though the successor may not be someone the landlord would have chosen to contract with
With succession, this means the tenancy can continue for the lives of the original tenant and their partner.
While there can only be one succession, if the tenancy was originally joint the surviving tenant can continue as sole tenant – this does not count as a succession. That means that if the survivor remarries or moves in a new partner that new spouse or partner can succeed to the tenancy.
What practical difference does this make?
This is the law as it stands already in relation to assured tenancies, and it is surprising that there has been little focus on it.
The Bill does not materially alter the law here but, by making assured tenancies the default residential lettings, it substantially widens the application.
Items in this series:
Renters' Rights Bill 1: Residential tenancy changes proposed by the Bill, Maddie Dunn
Renters' Rights Bill 2: How to obtain possession if section 21 notices are abolished? Maddie Dunn
Renters’ Rights Bill 3: Children, Benefits and Pets, Maddie Dunn
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