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Can we take over a protected tenancy on death of aunt?

protected tenancy sucessionHere is a question to the blog clinic from Ian (not his real name) :

We have been living with my aunt who has is a protected tenant but has sadly passed away.

We would like to take over the tenancy and have been there for eighteen months but the landlord says we have no rights as we need to be there for two years and even if we took it over it would revert back to an assured tenancy and he will put the rent up to market value. What rights  do we have?

I am sorry Ian but you do not have any rights as regards the protected tenancy.  The landlord is correct.

To acquire a tenancy by succession from a protected tenancy as a family member you need to have lived at the property for a minimum period of two years before the death of the protected tenant.

Nowadays only the spouse of the tenant will take over as a new protected tenant.  Family members will, as the landlord says, acquire an assured tenancy.  Where the landlord does have the right to increase the rent to a market rent using the statutory notice procedure.

However you may be entitled to be re-housed by the Local Authority under their statutory rehousing obligations if you meet the criteria of ‘priority need’ which you can read about >> here.

If this is the case, it is important that you do not move out, and that you contact the Local Authority homelessness officer asap and follow his advice.


If YOU have a problem, why not put it to the blog clinic?  However there are a lot of questions submitted, so if you need an answer quickly remember that members of my Landlord Law service can ask me questions in the members forum area, and will normally get an answer with 24 hours.

(See also the comments area below and >> click here to read our terms of use and comments policy)

Important note. If you are reading an old post, remember that the law may have changed since it was written.

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About the post author:

Tessa Shepperson

Tessa is a lawyer and specialises in creating products and services which help landlords and letting agents learn and understand landlord & tenant law. For example, she runs the Landlord Law website (now in its 14th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

The Landlord Law Blog from Tessa Shepperson

Tessa is an English lawyer specialising in residential landlord and tenant law.

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Legal services are provided via Tessa's online service Landlord Law. Some advice services are provided by Tessa, other legal services are provided by specialist housing firm Anthony Gold.


The purpose of this blog is to provide information, comment and discussion. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. Any comments or suggestions provided by Tessa or any guest bloggers should not therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned).

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