You might be able to stay in your home if the person named on the tenancy agreement dies – this is called succession. If you can stay, it will mean you’ll take over their tenancy – this is known as succeeding. If you are not eligible to stay in your home, because the property is too large or small, or is disabled adapted and you do not require these adaptations, we will support you throughout your journey to find alternative accommodation.
It is important to remember that you’ll be responsible for paying the rent if you take over the tenancy.
Being able to stay in your home and take over the tenancy will depend on things like:
- if you lived with them before they died – it will only count if it was your main home and not a temporary one
- if you were living together as a couple
- if you’re related to the person who died
- how long you lived with the person who died
- the type of tenancy they had and how long they had it for
- what the tenancy agreement says – it might give you more rights to take over the tenancy
- if there has been a succession previously. Only one succession can take place.
Types of Succession
There are three main types of succession:
Joint Tenancy Agreement:
If a joint tenant dies, you can succeed to the tenancy if you are a joint tenant. This is known as a Survivorship Succession and you will take over the tenancy and be able to remain in the property.
If a sole tenant dies, if you are that person’s partner you may be entitled to take over that tenancy. This is known as a Statutory Succession and you may be able to take over the tenancy and remain in the property.
In this case, you must have:
- Lived at the property as your main home at your partner’s time of passing
- Be able to provide evidence that this was your main and only home.
If a sole tenant dies and lives with other family members, they may be entitled to succeed the tenancy. This is known as a Contractual Succession.
Family members are defined as:
- parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews or nieces
If you wish to succeed to a tenancy on a contractual basis you must have:
- Lived at the property as your main home at the sole tenant’s time of death and
- Have lived there throughout the previous 12 months.
What if none of the above apply?
If you are not eligible for any of these types of succession, we will still consider whether we might offer you a tenancy at our discretion.
A discretionary succession can be granted to a partner or family member if there is no legal right to succeed a tenancy. In these cases, the successor must have:
- Lived in the property as their main home at the sole tenant’s time of death
- Not have a tenancy elsewhere
Cases are considered individually, and it is important to note that we are not legally required to offer you a succession in these circumstances. We will still endeavour to support those who do not meet our criteria to seek alternative accommodation
We understand that this is a difficult time for you, and we are here to help you with any questions or concerns. If you feel that you need the support of our Money Support Team, please let us know and we will be happy to make those arrangements for you.
To notify us of the death of a tenant, please complete the below form.
We’ve put together some common Frequently Asked Questions about Succession below.