News from the Residential Property Investor, the bi-monthly magazine for RLA members other artilces from the November / December 2002 issue RPI news archive

Tenancy gains for unmarried couples - November / December 2002

Cohabiting couples would be given the same tenancy rights as married couples under controversial proposals put forward by the Law Commission. These measures are likely to be included in a new housing bill next year.

In most rented homes, only a husband or wife has the right to take over the tenancy of their home if their spouse dies.

Under the new proposals, this right of succession would be extended to cohabiting couples, and even to couples of the same sex. It would also apply if either had undergone a sex change.

The proposals come after a judgment in the House of Lords in 1999 in favour of the Martin Fitzpatrick in his dispute with a housing association.

He argued successfully that he had a right to take over the tenancy after the death of his homosexual lover, with whom he had lived for 18 years.

The effect of that judgment was limited, because Fitzpatrick lived in a 'fair-rent' home, and it only applied to similar properties.

Under the new proposals that right would apply to all housing association, council and some private rented homes in England. Similar proposals in Scotland became law last year.

The commission also proposes to give children the right to take over their parent's home even after the tenancy has already passed from one parent to another.

At present, a family only has one succession right, which is used up when one parent dies and the tenancy passes to the surviving parent. The new proposal would give families two succession rights. Martin Partington, the law commissioner in charge of housing, said: 'the current law on the joint occupation of rented homes, the transfer of rights from one tenant to another, and what happens on the death of a tenant is a complete mess'.

Renting Homes 2: Co-occupation, Transfer and Succession can be viewed on the Internet www.lawcom.gov.uk.
 

other artilces from the November / December 2002 issue

• Making representations
• Tenancy gains for unmarried couples
• Queen's speech
• In brief
• Inheritance tax clamp down
• House price inflation lower
• Housing benefit pilots
• Household debt management