Question: What is a protected sitting tenant?

Upon the death of a sitting tenant, tenancy can pass to another family member. … Sitting tenants are also referred to as protected tenants, regulated tenants and rent act tenants. The landlord/lady is responsible for maintaining the exterior of the property and insurance for the property.

What qualifies you as a sitting tenant?

A sitting tenant is a renter living in a property that their landlord decides to sell. If the tenant has an ongoing contract or agreement with their original landlord, then they retain the right to live in the property when it changes hands.

How long before a tenant becomes a sitting tenant?

This is usually between six and 12 months. If you don’t renew the agreement and your tenant stays on, the tenancy arrangement becomes something called a ‘periodic tenancy’.

What rights does a protected tenant have?

Protected tenancies give a tenant both security of tenure and the right to a fair rent. … If a protected tenancy comes to an end and the tenant remains in occupation of the property than a statutory tenancy is created.

Can I evict a sitting tenant?

Sitting tenants have an uninterrupted right of tenure under the Rent Act of 1977. … Although it is harder to evict a sitting tenant, there are several ways this can be achieved. These can be found in Section 15 of the Rent Act 1977 and any attempt to do this has to go through the courts.

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Can I sell a house with a sitting tenant?

You can sell your rental property with sitting tenants. However, it’s important to remember that your tenants have certain rights. You should always inform sitting tenants of your intention to sell before putting your property on the market and explain your reasons for doing so.

Do tenants have rights after 3 years?

The right to be protected from unfair rent and unfair eviction. The right to have a written agreement if you have a fixed-term tenancy of more than three years. As of 1 June 2019, to not to have to pay certain fees when setting up a new tenancy, under the Tenant Fees Act (commonly referred to as the Tenant Fee Ban).

Is it better to sell a flat with a sitting tenant?

Advantages of selling a property with sitting tenants

Reliable and instant rental income: Some landlords look to buy properties with sitting tenants to ensure a reliable income, as they won’t have to source new tenants and can enjoy immediate access to the rental income.

How does a sitting tenant affect property value?

If the property has a life or rent act tenancy, the valuation will be determined by: The age of the tenants and using national life expectancy graphs. Whether rent is paid or not. If no rent is paid, you will need to use a term and reversion calculation and roll up the notional interest based on the life expectancy.

What is protected lease?

A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). … If the tenant does leave by lease expiry, it will not have the right to go back into the premises after lease expiry.

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How do I evict a protected tenant UK?

Eviction of regulated tenants

You can only be evicted from a regulated tenancy if your landlord gets a court order. Your landlord must prove a legal reason for eviction, such as rent arrears. The court must consider if it’s reasonable to evict you. If you no longer live in the property, they must prove this in court.

What is excluded tenancy?

A subtenant who shares accommodation with their landlord has an excluded tenancy. You have exclusive possession of the area that you pay rent for. For example, if you rent a room in the same house as your landlord, they cannot enter your room without your permission.

Can I evict a tenant without a tenancy agreement?

Just because a landlord in not in possession of a tenancy agreement or lease – it does not mean one doesn’t exist. … Whilst the landlord has a legal recourse without a written agreement, it is expected that there is a reasonable, legitimate grounds for eviction as per any eviction.