The general rule for succession, which means taking over a property, is you cannot pass your tenancy on to other people.
There are some exceptions to the general rule, and we will allow succession if:
- A joint tenant dies during the tenancy, and the tenancy can continue for the remaining tenant.
- A sole tenant dies during their tenancy and:
- specified members of their family occupy the home as their main residence
- they have resided (lived) with the tenant for at least 12 months prior to death?
- the tenant was not a joint tenant originally nor somebody to whom a tenancy had been passed on to already.
The tenancy can pass to one of the family members if the tenancy was granted to the deceased tenant before 1 April 2012.
If you no longer need the home, we must re-let it in line with our allocation policy.
Succession rights for tenancies before 1 April 2012
Secure tenancies, and the right of succession, did not exist before 3 October 1980. You can pass a tenancy on to a family member, but only once. Specified family members that can apply for succession, must have lived in the property as their only home for at least 12 months.
Specified family members are:
- Aunt
- Brother
- Child
- Civil partner
- Cohabitee
- Grandchild
- Grandparent
- Half brother
- Half sister
- Nephew
- Niece
- Parent
- Sister
- Spouse
- Uncle
Succession rights for tenancies from 1 April 2012
If your tenancy started on or after 1 April 2012, only your spouse, civil partner or cohabitee have succession rights to the tenancy if you die. They must be living with you at the time of death.
Cohabitee means one of a couple who are living together as if married or a civil partner as set out in the list below:
- Civil Partner
- Cohabitee
- Husband
- Spouse
- Wife
Under occupying homes by successor
Social housing is in high demand, so we cannot allow tenants to under occupy homes that are suitable for larger households. We know this will be a difficult time, and we will support and help you to apply for Home Options to find a smaller home.
If you are not a spouse or civil partner of the deceased tenant, and the property is bigger than you need, we may serve notice under the Housing Act 1985, Section 83. You would need to move out of the property within 6 months, or possession proceedings would start. We will offer support and help you to apply for Home Options so you can bid on smaller properties.
Occupants with no succession rights
If you do not have the right to take over the tenancy (succession), you will need to leave the property. We would serve a notice to quit to the deceased tenant’s representative, and this normally gives you 4 weeks’ notice to leave. But, if you meet our criteria for council housing, we will help you find another home.
In exceptional circumstances, we will allow you to stay in the property while you apply for Home Options and bid on suitable properties. You will pay a ‘use and occupation’ charge equivalent to the rent. You would need to move home within 3 months, or we start possession proceedings to recover and relet the property.
