Apr 12

Advice of Landlord and Tenants Solicitors With Respect to Tenancy Succession

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Advice of Landlord and Tenants Solicitors With Respect to Tenancy Succession

Ideally a tenancy should operate under the written and signed terms in the Tenancy Agreement. Sometimes tenants and landlords get involved in a verbal tenancy agreement. Even though it is not recommended, it too might work if there are less chances of a dispute. Landlord and Tenants Solicitors recommend that both parties enter a written tenancy agreement at the start of a tenancy. The agreement should clarify all aspects of the tenancy even matters such as succession.

What Happens If the Original Tenant Dies?

A tenancy agreement will lay out the terms and conditions for all aspects ranging from the rent to the furniture. But rarely do these agreements mention what is to happen if the original tenant (the one who signed the agreement) dies. According to the Landlord and Tenants Solicitors, you should be able to pass on the tenancy to a successor, provided that they are able to meet the following conditions:-

  • The Wife, Husband or Civil Partner of the original tenant will automatically inherit the tenancy.
  • Other family members are also eligible for inheriting the tenancy provided that they are capable of fulfilling the conditions mentioned in the tenancy agreement.
  • All others who wish to inherit the tenancy will have to seek the court’s permission. Landlord and Tenants Solicitors should be able to guide you in this regard.


For more information, you are welcome to get in touch with our expert Landlord and Tenants Solicitors at Walker Wise Solicitors by phone on 01254 300 966 or email enquiries@walkerwise.co.uk.