Can a protected tenant insist on a buyout?

Here is a question for the blog clinic from Carla who is a tenant:

I am a protected tenant under the 1977 Act. Have occupied the property for 26 years. The current landlords purchased the building in 2002 with me included. They now tell me that I should consider being bought out as otherwise they will be able to move me to an equivalent property and there I will be stuck for the rest of my life.

Am I obliged to accept an alternative suitable property or can I insist on a buyout?  Many thanks, Carla

Carla I am afraid you cannot insist on a buyout.  If they offer suitable alternative accommodation and you do not take it, then they can get an order for possession.  However to suceed in this the property must really be suitable.  So this means:

• The security must be the same as you have now – so an AST will be unacceptable
• It must be suitable for your work  and life – so a property which made it impossible for you to commute to work woud be unsuitable
• Other things are also taken into account – for example in one case a Judge refused to order an elderly lady move into a property that was otherwise suitable as she had ‘fond memories’ of her existing home which she had lived in for many years

However

• The property does not have to be the same size – so a single person living in a four bedroomed house cannot insist on anything more than one bedroom.

There is a whole sting of case law on the subject.

Returning to your situation, you may be able to pressurise them into a buyout if they want vacant possession of your property quickly and cannot afford the delay which a defended possession claim would bring.  It really depends on the situation.  It may be best to get an experienced property lawyer to do your negotiation for you.