The Biggest Fear: "Will I Lose My Home?"
When we talk to seniors about unlocking property value, the first question is almost always: "Can someone take my apartment?"
This is a completely understandable fear. Your apartment is not just an investment — it's your home, your memories, your security.
"I want to stay in my apartment until my last breath. That's non-negotiable."
Let's look at what rights you have and how the law protects you.
What is Lifetime Tenancy?
Lifetime tenancy (also called lifetime residence right or lifetime estate) is a legal right that guarantees you can live in a property until your death, regardless of who owns it.
Key Facts:
- Registered in the land registry as an encumbrance
- Cannot be cancelled by the new owner
- Survives any sale or transfer of property
- Enforceable by courts
- No one can evict you from your own home
Legal Protection: How It Works
1. Land Registry Entry
Lifetime tenancy is recorded directly in the land registry. This is a public record that anyone can verify. Any potential buyer sees this encumbrance immediately.
2. Contract
Every lifetime tenancy contract must include:
- Precise identification of the property
- Your identification as the holder of the right
- Duration (lifetime)
- Your rights and obligations
3. Court Enforceability
If anyone tries to evict you, you can sue them. Courts consistently protect lifetime tenancy holders.
What Happens If...
...The New Owner Goes Bankrupt?
Your lifetime tenancy survives bankruptcy. It's an encumbrance on the property, not a debt of the owner. You stay living there.
...The New Owner Wants to Sell?
They can sell — but with your lifetime tenancy. The new buyer must respect your right to live there. Your position doesn't change.
...The New Owner Wants to Renovate?
They must have your consent. You are not a tenant — you have a property right registered in land records.
...You Want to Move to a Care Home?
The lifetime tenancy contract can be ended by mutual agreement. In that case, you can negotiate compensation for early termination.
Difference: Lifetime Tenancy vs. Rental
| Lifetime Tenancy | Rental | |
|---|---|---|
| Legal basis | Property law | Contract law |
| Registration | Land registry | None |
| Duration | Until death | As per contract |
| Can be terminated? | No (except by mutual agreement) | Yes (with notice) |
| Protection | Maximum | Limited |
What About My Heirs?
Lifetime tenancy ends at your death. But with HomeGrif, we've added Earlypass guarantee:
- If you die within first 5 years, heirs receive 50% of property value
- This protects against the risk of "dying too soon"
- It's not standard in lifetime tenancy contracts — it's our added protection
Red Flags: What to Watch Out For
Beware of Contracts That:
- Don't include land registry registration
- Allow termination "for reasons"
- Require you to pay rent after signing
- Don't specify who pays for maintenance
- Contain penalty clauses
Always Demand:
- Copy of land registry extract after registration
- Contract in writing verified by a notary
- Consultation with your own lawyer
- Time to decide (at least 14 days)
Why HomeGrif?
At HomeGrif, we built lifetime tenancy protection as the foundation of our product:
- Every contract is registered in the land registry
- You remain owner until property transfer (after death)
- Earlypass guarantee protects your heirs
- Independent lawyers verify every contract
- Transparent terms — you see everything before signing
Your home is sacred. No one has the right to take it from you. With HomeGrif, you can unlock value from your property while keeping full security in your own home until your last breath.