How do protected tenancy succession rights and eviction work in the UK? Find out the answer with our full guide to protected lease agreements.
RELATED: Protected Tenancy - Definition and Fair Rent
The Rent Act 1977 does grant considerable protected tenant rights against evictions. To remove a protected tenant from the property, the landlord must obtain a possession order from the courts first.
We have to emphasize again that a landlord can only remove through a court order. Resorting to other means such as threats, violence, changing locks or cutting off essential services (electricity and water) is illegal and considered as a criminal offense.
The following are reasons for mandatory eviction (the courts MUST evict the tenant):
The following are reasons for possible eviction (the courts MAY evict the tenant):
For more details, you may want to read up on the Rent Act 1977 Part VII - Grounds for possession of certain dwelling-houses.
One of the more unique features of a protected lease is tenancy succession - If a protected tenant passes away, the deceased's spouse will inherit the tenancy... if he or she was living with the tenant at the time of death.
If tenant wasn't living together with a spouse, then a family member will inherit the tenancy... if they were staying together for at least two years before the tenant's death.