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Succession: Licensees

This content applies to England

Succession rights under a licence .

A licence is a personal permission to occupy, and not a legal interest in the property, so if a sole licensee dies, no one can succeed to that licence. The landlord is able to gain possession of the property because the licensee's right to occupy ceases to exist.

In most cases, the occupier will have the limited protection provided by the Protection From Eviction Act 1977, which requires 28 days' notice.[1]

Generally a court order is required to evict a licensee. Secure licences have the same succession rights as secure tenancies under the Housing Act 1985.[2] No court order or notice is required if the occupier was an excluded occupier (see the page on Who is an excluded occupier for the definition of an excluded occupier) or was in occupation unlawfully, for example in breach of the terms of the licence.

[1] ss.3 and 5 Protection From Eviction Act 1977.

[2] s.79(3) Housing Act 1985.

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