Your Right of Succession

When a tenant dies, the tenancy that they hold will automatically pass to any joint tenant(s). If there is no joint tenant then the tenancy can be taken over by the husband or wife if he or she is living in the home at the time of the death. This is also the same for same sex couples.

If there is no joint tenant, husband or wife, then the tenancy may be taken over by a close member of the tenant's family, or a partner who has been living with the tenant, provided he or she was living with the tenant at the time of the death and for at least 12 months before.

Anyone who takes over the tenancy in this way is called a successor.

Succession can only happen once. If you are already a successor (you have taken over the tenancy from someone else) you have no more rights to pass the tenancy on to anybody else.

If the tenant died while still being an introductory tenant then the successor will also be an introductory tenant. They will become a secure tenant on the date shown on the tenancy agreement.

What must I do if I think I am entitled to succeed to a tenancy?

If you think that you qualify to succeed then you should notify us in writing within a month of the tenant’s death that you wish to succeed to the tenancy. Your request will be looked at by your Community Housing Officer and we will let you know the outcome within 20 working days.

If nobody applies to do this within the period we will consider that the tenancy has ended.

Can I stay in this property?

If you are the spouse, partner or joint tenant of the person that has died then you have the right to succeed to the property, whatever type of property it is.
but:
If the house has been designed or substantially adapted for the use of a person with special needs, is designated for use by a particular age group (eg a bungalow) or you would be under occupying the property (eg: you would be a single person in a three bed house) then other persons that would have had a right to succeed have the right to suitable alternative accommodation.

If you wish to succeed to a tenancy, please contact us. Or complete and return a request for change of tenancy form, we will then contact you.