Pitfalls of Tenancy Agreement with long term and tenant passing away

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    Pitfalls of Tenancy Agreement with long term and tenant passing away

    If giving someone a Tenancy Agreement with a fixed term of say 20 years - are there any pitfalls if the tenant dies say 2 years into the fixed term, can the landlord get possession of the property or is he/she stuck with the tenant's successor?

    #2
    20 years?? This is in the letting agent section: Are you granting a tenancy to a letting agent or to a human?? This is a residential let??

    What form (AST, AT etc etc..) of tenancy were you planning on granting???

    See this which covers succession with ATs..
    http://england.shelter.org.uk/get_ad...cession_rights

    Is this a tenancy being granted to the current owner??

    Might one ask why anyone would want to grant a 20 year tenancy??
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Thanks theartfullodger. It is 'proposed' that this tenancy is granted by the owner (& landlord) to an elderly tenant who lives on her own. The proposal is being made by the tenant's family. Yes I know this is odd and it seems a long time so I want to delve into the unknown and be aware of any pitfalls.

      Looking at the Shelter reference, if the tenant has made a will, the tenancy 'can' be explcitly passed to the tenant's family or implicitly to the benefactors of the estate who will jointly become responsible for the tenancy? Possible issue is the landlord may be stuck with the deceased tenant's family as tenants?

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        #4
        I would also need to be executed as deed and registered, I think.

        Comment


          #5
          Thank you jj

          Comment


            #6
            If the tenant requires security of tenure you could just draft an Assured Tenancy rather than an AST.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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              #7
              20 years? Ha Ha. Just make sure you get a guarantor who will pay the rent for the length of the tenancy should the tenant die.

              Just kidding. I'd give an AST and explain to the family that the tenancy goes to a period tenancy running monthly.

              Comment


                #8
                Originally posted by jjlandlord View Post
                It would also need to be executed as deed and registered, I think.
                I just can't write correctly...

                Comment


                  #9
                  What is proposed is perfectly possible. The way to do it is to grant a lease for a long period and insert a provision that at any time after the tenant's death either party may give notice terminating the tenancy. In the tenant's case (and indeed the landlord's if an individual) "either party" will include his personal representatives. This ensures that the tenant's estate is not burdened with having to pay rent and that the landlord can end the arrangement when the tenant dies.

                  However...

                  If there are some things which require professional advice and drafting, this is one of them.

                  First, if you do not get the drafting right the outcome may not be what you expect at all.

                  Secondly, the landlord needs to take care that he does not inadvertently create a tax charge for himself.

                  It is therefore essential to consult a knowledgeable lawyer.

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