Succession and the common law

At common law a tenant has both an implied right to assign unfurnished property and a right to leave the tenancy of that property to another person.

This right does not apply where there is an element of what is known as delectus personae (choice of specific person) such as in a lease of furnished property. The common law position is:

• If a tenant can assign a lease then they can leave that lease to someone in their will.

• If the tenant has no express right to assign the lease they are not entitled to bequeath the lease.

This means that the tenancy of an unfurnished property can be left to someone in a will, but not a lease of furnished property.