Tenants who have protection under the Rent Act 1977 are very well protected and there are extremely rare occasions when a landlord is able to seek possession. In addition, the rents on this type of tenancy are heavily controlled and generally no where near to market values.

It was the case that members of the tenants family could “succeed” to the tenancy. The Housing Act 1988 made changes to succession rights, which though still provide spouses or members of the family rights of succession, they are not quite so severe.

Surviving spouse or civil partner

The surviving spouse, or surviving civil partner, (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence.

A person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant

A person who was living with the original tenant as if they were civil partners shall be treated as the civil partner of the original tenant.

If, immediately after the death of the original tenant, there is, more than one person who fulfils the conditions above,

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