Has the Protected Tenancy expired and reverted to an AST?

by Readers Question

10:13 AM, 19th February 2021
About 2 weeks ago

Has the Protected Tenancy expired and reverted to an AST?

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Has the Protected Tenancy expired and reverted to an AST?

I have owned a property for over 17 years, which was bought from a property company with tenants in situ under a Protected Tenancy. The tenants had been moved there from a previous property under a Protected Tenancy.

The Agreement stated that the Protected Tenancy would continue for a period of two years. Does that mean that the Protected Tenancy has expired and reverted to an AST?

Also, some years ago, the husband died, leaving his widow as the sole occupant. More recently I suspect that her brother may have moved in.

Should she die before him, will he have any right to continue the Protected Tenancy?

Many thanks

Malcolm

Comments

Ian Narbeth

11:39 AM, 19th February 2021
About 2 weeks ago

Dear Malcolm
You need to provide some more information. How long has the brother lived there as his residence?
It appears the Rent Act 1977 applies.
As a matter of law a Protected Tenancy becomes a statutory tenancy on expiry of the term. It will not revert to an AST.
The brother may be entitled to stay but as an assured tenant under the Housing Act 1988 - see para 3 of Sch 1 to the Rent Act https://www.legislation.gov.uk/ukpga/1977/42/schedule/1


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