13.1 The general rule is that you cannot pass your tenancy on to other people. When you no longer need your home, we must re-let it in accordance with our allocation policy. What follows in this part of the agreement are the exceptions to this general rule.
Death
13.2 In limited circumstances, a person may succeed you as a tenant of your home if you die during your tenancy. This means they will become the tenant. In housing law, it is called a succession. There can only be one succession of a tenancy.
13.3 If you die during your tenancy and you are a joint tenant, the tenancy continues for the remaining tenant. This counts as a succession to the tenancy. If you have become the tenant through succession, the tenancy cannot be passed on again if you die during your tenancy.
13.4 If you die during your tenancy and you are the only tenant and have not yourself previously become the tenant through succession, your tenancy might pass to a member of your family if the following applies:
a. If your tenancy began before 1 April 2012, and:
i. The member of your family is occupying your home as their only or principal home at the time of your death; and
Either:
ii. The member of your family is your spouse or civil partner; or
iii. The member of your family is a relation listed in our tenancy policy AND they resided with you for at least 12 months ending with the date of your death.
b. If your tenancy began on or after 1 April 2012, and:
i. The member of your family is occupying your home as their only or principal home at the time of your death; and
Either:
ii. The member of your family is your spouse of civil partner; or
iii. The member of your family is a cohabitee who was living with you as your spouse or civil partner.
Exchanging homes with other tenants
13.5 If you are a secure tenant, you can exchange homes if you get our written permission to do so, with another secure tenant (or assured tenant of certain social landlords), if they, too, have written permission from their landlord. To apply go to www.norwich.gov.uk/HouseExchange.
13.6 We can only refuse permission if we do so on grounds specified by legislation. If we want to rely on one of those grounds, we must say which one and why.
13.7 Exchanging your home with another tenant does not count as a succession, but if you are a successor to the tenancy in respect of the home you exchanged, you will continue to be a successor in respect of the tenancy of your new home and no further succession will be allowed if you die during that tenancy.
Relationship breakdown
13.8 Tenancies may be passed on by a court order in divorce or similar proceedings, subject to any objection we have.
The court order may be to pass the tenancy from joint tenants to one tenant or to somebody who is not already a tenant.
13.9 If you are in this situation, you or your solicitor should check with us as soon as possible whether we might have an objection. We will only object if the kind of property is unsuitable for the prospective new tenant’s household (in accordance with our allocation policy) or there are (or may be) tenancy management problems.
13.10 A tenancy passed on by a court order in divorce or similar proceedings does not count as a succession.
Qualifying successor
13.11 If you are a secure or introductory tenant, during your lifetime, you may pass your tenancy on to somebody who would be entitled to it on your death (see paragraphs 13.3 and 13.4), but only if you get our written permission to do so.
