Succession of Tenancy

Succession is when your tenancy passes to another family member that is living with you at the time of your death.

If the tenant or a joint tenant dies and you wish to apply to succeed to the tenancy, you must contact us.

There are conditions that apply to a succession:

Sole Tenants

If you are a secure sole tenant (the tenancy is in your name only) your tenancy may pass to a family member living with you at the time of your death provided:

  • You were not already the successor (the law only allows one succession per tenancy)
  • The family member occupied the property as their only or principal home at the time of your death
  • The family member (other than a spouse) lived with you for at least 12 months prior to your death (although this does not have to be the property you lived in at your death)

Joint Tenants

When one joint tenant dies, the survivor remains a secure tenant and automatically becomes a successor but no further succession may occur (under housing law)

Under-occupying/specially adapted properties

As a successor tenant (other than a spouse) you may be required to move if:

  • The property is considered by us to be too large for your needs
  • The property is one that has been built or adapted for special needs and you and your family have no need for such accommodation

In these cases we must offer reasonable alternative accommodation.

No right to succeed

Where there is no right to succeed, we will bring the tenancy to an end by serving the required notices.

Any authorised persons still living in the property after the death of the tenant will normally be required to vacate. Failure to do so may result in us seeking possession of the property through the County Court.

However, in very exceptional circumstances, we may at our discretion, re-house a person remaining in the property after the death of the tenant if they do not have the right to succeed. If this involves a large property the person may be asked to accept a smaller property.