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Question

England | Lettings Options (England) | Pre-tenancy (England)

Giving my mother protected tenancy in th float I own

1 Oct 2020 | 2 comments

I have a flat which my mother rents off me.

We would both (my mother and I) like to make her a protected tenant so that she would be assured of life time residency (if she wanted it) even if I had to sell – or, worst case, was made bankrupt and forced to sell.

I do have a mortgage on the flat which is about 55% of current value.

Is it possible, in that we both want to do this, that I can make my mother a protected tenant in the flat, for her lifetime only (she is 89 now)?

Answer

2 Comments

  1. guildy

    You could grant an “assured” tenancy. That is basically the same as an assured shorthold except the section 21 notice (no reason needed) can never be served. There would therefore need to be a ground under a section 8 notice in order to obtain possession (for example rent arrears).

    However, your mortgage conditions will probably not allow this so you will need to check with them first.

    It would also probably be wise to seek solicitor advice as it is a big thing to do.

  2. MarcusKirby

    Thank you Guildy. That is helpful … and rest assured I will seek legal advice before doing anything.

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