Protected Tenancies and Sitting Tenants
I inherited a large house from my deceased Dad that was originally let out in two flats (ground floor and top floor flat). The top flat was let to a couple (man and wife) sometime around the mid-1980s (prior to April1989). During the 1990s the same couple, who were then expecting the birth of their second child, sought and were granted permission by my elderly Dad to take over the house as a whole. A short time later, their new tenancy for the house as a whole, despite it being let under an assured shorthold tenancy agreement, was deemed by them to be a protected tenancy. This apparently reflected the tenant's legal position of having entered the house pre-1989 and thereby being able to take advantage of this timing in the context of them being protected (sitting) tenants.
The matter did not go to court for determination. Instead the couple were offered a large sum of money to leave but they declined. Some years later the wife moved out (split up from her husband) and she sadly passed away. The man has since taken in a new much younger female partner and they now also have one child of their own living at the property.
I am not sure of where do I stand, as landlord, in relation to the new young female partner taken in. Does she now also become a protected sitting tenant even though she is not on any tenancy agreement with me? Any views or advice on how I should handle this situation from a practical perspective with a view to gaining full and peaceful possession of my property in due course?
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