Sitting Tenants - Vacant Possession

Sitting Tenants will you be able to get vacant possession?

Only in exceptional circumstances will you be able to get vacant possession on your property


Sitting Tenants Will You Get Vacant Possession?

More often than not you will be able to get vacant possession of your property if the tenant dies. However in certain circumstances this may not be the case. If the tenant had a spouse or partner living with them at the time of their death it is possible they may want to inherit the tenancy on the same terms. For this reason joint tenancies are not as popular as single tenancies as the property will be tenanted for longer.

Spouses And Close Relatives

In some situations where the tenant has a close relative that has been living with them for at least two years prior to the death of the tenant they may be entitled to take over the tenancy. Therefore it is vital to know who is actually living in the property when you acquire it as you may be waiting for a long time for the property to become vacant.


Joint Tenancies And Families - Succession Rights

If the tenancy is inherited by the tenants spouse or partner the tenancy will remain a regulated tenancy. However if the tenancy is passed to another family member it will become an assured tenancy where th higher than a regulated tenancy. Assured tenancies tend to be occupied by younger tenants for reasons stated above. Out of all protected tenancies the chances of a regulated tenancy being handed down to another tenant is the most likely.

A property that is occupied by a family consisting of 2 adults with young children will not be very appealing from an investors point of view. There is very little chance of the property becoming vacant as the rights of succession would apply enabling the tenancy to continue over a long period. This impacts on the value of the property. as it could be another 30 years before the tenants vacate or it could be longer.

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