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Home / My sister and I are competing over which of us should get my late mother’s right to a protected tenancy of a shop. If one of us ‘leaves’ it will this help the other’s case ?

My sister and I are competing over which of us should get my late mother’s right to a protected tenancy of a shop. If one of us ‘leaves’ it will this help the other’s case ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

Abandonment is a ground for losing a right to a protected tenancy when the proceedings are between the owner and the tenant. However, it does not apply regarding proceedings between tenants themselves. The Family Court has jurisdiction under the 1972 Protected Tenancy Act to rule on which family member should hold on to the protected tenancy when the principal protected tenant dies , based on actual occupancy at the time of death.


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