We use cookies to give you the best possible online experience. If you continue, we'll assume you are happy for your web browser to receive all cookies from our website. See our Privacy & Cookie policy statement for more information on cookies and how to manage them.

Succession to certain tenancies by family members

Section 9(1) of the Housing (Private Rented Dwelling) Act 1982, provides that if the original tenant or his spouse dies within the “relevant period,” the right to retain possession passes to a member of the family, from the date of that death to the expiration of the relevant period or for five years from the date of that death, if longer.

However, an entitlement to a new tenancy for the family member may exist under the Landlord and Tenant (Amendment) Act 1980.  Section 13 (1) stipulates that the right to a new tenancy arises if an equity of “long occupation” can be raised.  If the long occupation can be established, an entitlement to a new tenancy up to a maximum of 35 years, subject to the other provisions of the 1980 Act, may exist.  An application for this relief is a matter which comes within the scope of the provisions of Section 28(9)(c)(i) of the Civil Legal Aid Act 1995, and for which legal aid may be granted.

An application under section 23 of the 1980 Act to fix the terms of a new tenancy is a matter which comes within the scope of the provisions of Section 28(9)(c)(i) of the Civil Legal Aid Act, 1995, and for which legal aid may be granted.

“Disputes concerning rights and interests in or over land” in Section 28(9)(a)(ii) incorporates proceedings arising out of a dispute “as to the title to or possession of  property.”