Is my tenancy dated back to 1999 still valid?

Since the original tenant (the mother) signed the agreement in 1999, and her son has continued to live in the property and pay rent, he is likely now an implied tenant under a new periodic tenancy—by conduct (acceptance of rent by you after the original tenant’s death). This gives him many of the same rights as if there were a formal tenancy.

He is not automatically a legal successor unless the tenancy was a secure or protected tenancy (e.g., council housing). For an AST (Assured Shorthold Tenancy), if the tenant dies, the tenancy usually ends unless someone is granted a new tenancy.

Do You Need a New Contract?

Yes, ideally. For clarity and compliance, you should now issue a new AST in the son’s name.

It formalises the relationship and aligns the agreement with current laws.

It ensures all required terms (e.g. deposit protection, gas safety, EPC, prescribed information) are served correctly.

Suggested template sources:

Gov.uk AST model: Official Government AST Template

NRLA (National Residential Landlords Association) – if you are a member, they offer comprehensive, legally updated ASTs.

Landlord Law

Deposit Requirements

If you have taken a deposit before April 2007 and have not taken or renewed the tenancy since then, technically, you were not required to protect it at the time.

However:

If you now issue a new AST, you must protect the deposit in a government-approved scheme (TDP) within 30 days and serve the prescribed information.

This also gives you the right to serve a valid Section 21 notice in the future, if needed.

Recommended Schemes:

Deposit Protection Service (DPS)

MyDeposits

Tenancy Deposit Scheme (TDS)

Other Compliance Essentials

You’re mostly up to date, but ensure the following are in place:
Legal Documents/Certificates to Provide:

EPC (minimum E rating – you have C)

Gas Safety Certificate

EICR (Electrical Installation Condition Report) – required every 5 years

Smoke Alarms (on each floor) and CO Alarm (if solid fuel or gas appliance in bedroom/living room)

How to Rent Guide – latest version at start of tenancy

Deposit Prescribed Information (if taking a deposit)

Legionella Risk Assessment (simple checklist is usually enough for single lets)

Upcoming Legislation – What to Expect

The Renters (Reform) Bill was expected but may now be delayed or watered down, depending on the political timeline. Still, here’s what may be coming:
Possible Changes:

End of Section 21 “no-fault” evictions

Rolling periodic tenancies only – fixed terms may be abolished

Right to Request Pets

Mandatory Ombudsman Scheme for Landlords

Property Portal – registration of all landlords

What you can do now:

Formalise the tenancy under an AST to retain current rights.

Ensure full compliance with safety and documentation.

Great reply from Neil
As he points out the new RRB may well come into force either late this year or early next year.
I believe every landlord will have to issue a new type of Tenancy agreement as the current ast,s will not be valid

Reply to the comment left by Neil Patterson at 27/05/2025 – 09:37
Excellent and comprehensive advice.

Reply to the comment left by Neil Patterson at 27/05/2025 – 09:37
Good response save for one point, the death of a tenant does not automatically end an Assured Shorthold Tenancy. A very important point when it comes to paying, or rather not paying, council tax.

Reply to the comment left by TheMaluka at 27/05/2025 – 11:20
I did read that, one of the changes proposed in the Rent Reform Bill is that a Guarantor cannot continue to be liable for rent if the tenant dies. I am just wondering if the same rule will apply where a Guarantor is not in place and the tenant’s Estate will continue to be liable?