Shropshire Star

When tenants really can be sure of ‘a home for life’

Tenants living in property associated with landed estates could still have a ‘home for life’.

Published
Angela Cantrill is a rural chartered surveyor at Moule & Co.

Without necessarily realising it, the tenant may have significant protection from eviction, having a secure tenancy for their lifetime and possibly one succession for their dependants, under the various Rent and Housing Acts.

The details of the case have often been established historically, over several years and may have started out as accommodation for a farm worker or gardener, for instance, on an estate. Only residential tenancies commencing after February 28, 1997 would automatically be assured shorthold tenancies, without the security provisions.

We were recently involved with a case where a landlord wanted to sell a cottage occupied by a tenant who had worked on the farm historically. The tenant had, at some point, worked full time on the farm. However, in latter years the tenant didn’t work on the farm at all, but had effectively retired, doing some limited tasks in the garden of the main house.

In accordance with the law, we successfully argued that the tenant had protection from eviction. In principle, he could remain in the property for the rest of his days, with the possibility of his son succeeding to his tenancy.

Because the cottage was due to be sold, the tenant could have either stayed on under a new landlord or been offered suitable alternative accommodation to vacate. In moving to another cottage, he would still retain the same protection as in the original.

As the law for these types of tenancies tends to offer more protection to tenants than landlords, the tenant was in a strong position to negotiate a surrender payment. The tenant was offered a capital sum to vacate the property so that the landlord could sell at a higher price with vacant possession. The tenant received a nice little nest egg to move on with and the landlord still profited.

The devil as always is in the detail; the history, the timings, the rent payable and the use of the property all need to be considered when trying to fathom what rights of occupation a tenant might have.

There may still be grounds for the landlord to gain possession, but the key is in knowing the facts and getting the proper advice so that everyone is a winner.

Angela Cantrill is a rural chartered surveyor at Moule & Co.