Q&As

I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?

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Published on LexisPSL on 17/07/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?
  • 1 Does the father’s estate have any interest in the property
  • 2 Does the daughter occupy under an AST?
  • Succession
  • Implied periodic tenancy
  • Trespasser
  • 3. Terminating an AST
  • Issues to consider prior to serving a notice to terminate an AST
  • Section 8 or section 21 possession procedure
  • Terminating occupation on the basis of trespass
  • More...

I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?

1 Does the father’s estate have any interest in the property

Depending on the conclusion reached regarding succession and implied periodic tenancy issues below, the father’s interest under the assured shorthold tenancy (AST) may have devolved under his will, to the extent that there would still be a valid AST in existence when the tenant is no longer in occupation of the property.

2 Does the daughter occupy under an AST?

Succession

Section 17 of the HA 1988 provides that where a sole tenant dies and immediately prior to their death their spouse or civil partner occupied the property as their only or principal home, the tenancy will vest in their spouse or civil partner rather than devolving under the tenant’s will.

The only situation in which that right of succession might extend to persons other than the tenant’s spouse or civil partner is under s 17(1A) where if the

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