Q&As

A buyer wishes to purchase a residential property with sitting tenants who have a protected tenancy and a registered rent. If the sitting tenants sign a new assured shorthold tenancy agreement with the buyer, will their protected tenancy and registered rent be extinguished?

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Produced in partnership with
Published on LexisPSL on 08/08/2016

The following Property Q&A Produced in partnership with provides comprehensive and up to date legal information covering:

  • A buyer wishes to purchase a residential property with sitting tenants who have a protected tenancy and a registered rent. If the sitting tenants sign a new assured shorthold tenancy agreement with the buyer, will their protected tenancy and registered rent be extinguished?

This Q&A focuses on tenancies which began prior to 15 January 1989 and relate to a non-resident landlord. It is assumed that the purchase relates to the freehold and that there are no intervening tenancies.

We have limited this Q&A to cover protected tenancies but not protected shorthold tenancies, and it does not consider the scenario of whether the tenants would have the right of first refusal of any relevant disposal under section 1 of the Landlord and Tenant Act 1987 (LTA 1987).

The buyer of the property will be bound by the tenancies in the same way as his predecessors in title were, including the original landlord of the protected tenancy.

In practice, it is questionable whether the tenants would surrender their protected tenancy for the

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