Q&As

What happens to an assured short hold tenancy (AST) when a tenant dies and what happens to the other occupiers in the property (who are not tenants under the AST)?

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Published on: 03 November 2020
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Survivorship

If there is a Joint tenancy, then the tenancy will vest by a right of survivorship in the surviving joint tenant without having to consider statutory Succession. This takes precedence over statutory succession or inheritance under a Will or Intestacy. The tenancy will then be a sole tenancy.

The succession of a sole tenant to the joint tenancy through survivorship counts as one succession for the purpose of section 17(2)(b) of the Housing Act 1988 (HA 1988).

An assured tenancy (including an Assured Shorthold Tenancy (AST)) can only enjoy one succession by operation of law. Therefore, if there has already been one succession under the right of survivorship there cannot be a later succession by statutory succession. However, there may be the grant of a new tenancy if the terms of the tenancy agreement provide wider succession rights than the statutory provisions.

Statutory succession

When the sole tenant

Elizabeth England
Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include

    Obtaining and enforcing possession orders for landlords
    Defending possession claims for tenants
    Dealing with Human Rights defences
    Dealing with Equality Act defences
    Dealing with unlawful occupiers and squatters
    Unlwaful eviction and harassment
    Disrepair, nuisance and statutory nuisance
    Homelessness reviews and appeals in County Court
    Injunctions to prevent anti-social behaviour and other orders available under he ASB Crime and Policing Act 2014 including committal applications
    Service charge claims
    Leasehold management issues

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Joint tenancy definition
What does Joint tenancy mean?

Ownership of property by two or more persons where the survivor is wholly entitled to the property.

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