Succession taking over a tenancy

Succession is the right of someone who lives with you to take over your tenancy when you die. 

If a joint tenant dies, the tenancy can be succeeded by the surviving joint tenant.

If a sole tenant dies, then the tenancy may be succeeded by a family member.

Family members are defined as:

  • A spouse (husband or wife)
  • A person who the tenant has lived with as if they were their husband or wife – if they are in a same sex relationship but not registered civil partners – lived together as if they were civil partners
  • The tenant's parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

In both cases, the person wishing to succeed the tenancy must have:

  • lived at the property as their main home at the sole tenant’s time of death and
  • have lived there throughout the previous 12 months.

If we agree that a family member can succeed this may not be to the same property. We have the right to make an offer of alternative accommodation. This might occur when the property has disabled adaptations which will not be used or where the property will be under or over-occupied.

We understand that this may be difficult for you when you are dealing with bereavement and also having to move home. If you feel you need extra support then please let us know.

To notify us of the death of a tenant, please complete our online form.

 

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