Protected Tenancy Eviction and Succession Rights

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

Protected Tenant Eviction - Reasons

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 landlord (or landlord's family) lived on the property previously and wants to return to the property to stay there again.
  • The landlord wants to retire on the property.
  • The property was rented on a protected shorthold tenancy (for 1 to 5 years) and the tenancy has expired.
  • The landlord is an agricultural worker, soldier or church minister who wants to stay on the property.

The following are reasons for possible eviction (the courts MAY evict the tenant):

  • The tenant is unable or unwilling to pay the rent.
  • The tenant violated lease agreement terms. If the breach was serious or the tenant is a repeat offender, it will improve the landlord's chances of getting a court order.
  • The tenant damaged the property due to improper use or negligence.
  • The tenant subleased or assigned the entire property without the landlord's consent.
  • The tenant used the property for illegal purposes (e.g. turning it into a gambling den).

For more details, you may want to read up on the Rent Act 1977 Part VII - Grounds for possession of certain dwelling-houses.

Protected Tenancy Succession Rights

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.

Types of Tenancy