Succession
Your rights
The death of a loved one is always an upsetting time.
This is often worse if the death results in uncertainty about the future of your home.
We will always do our best to handle these situations with sensitivity and care and we do appreciate that it will still be a difficult time for individuals.
Succession of a secure tenancy following the death of a tenant
To succeed to a secure tenancy the successor must have been occupying the dwelling as their 'only or principal home' at the time of the tenant's death.
When a tenant dies, a joint tenant, husband, wife, or civil partner will have the right to succeed to the tenancy.
If there has been no previous succession, other family members can also succeed to the tenancy.
Only one person can succeed to a tenancy.
If there is a joint tenancy, the remaining joint tenant can succeed.
When succession is granted
A succession will be granted if the successor is a partner (married or through a civil partnership) and lived with the tenant at the time of death or if the successor is a qualifying member of the family and lived at the property for a minimum of 12 months leading up to the death of the tenant.
When succession is not granted
Succession will not be granted under the following circumstances:
- when there has already been a succession granted for that tenancy
- when the tenant had been living alone
- the person wishing to succeed cannot provide sufficient evidence that they had been living at the property for a minimum of 12 months leading up to the death of the tenant
- if a possession order has already been granted on the property
Succession to a fixed term tenancy (FTT) following the death of a tenant
If you die, your husband, wife or civil partner may be entitled to the tenancy if they are living at your home at the time of your death. This is called ‘succession.’
The tenancy can pass to a partner, as long as they have been living with you at the time of your death. By law only one succession can take place.
If the tenancy is a joint tenancy, only the other joint tenant is still living in the property after you die, they have the right to succeed to the tenancy.
Only one person can succeed to a tenancy.
Will you need to move?
If you are a family member succeeding to the tenancy and the property is too large, you will be asked to move to a more suitable property.
We appreciate that this will be a difficult time for you, and we will work with you to handle this with sensitivity and care.
We will work with you to make you a suitable offer of alternative accommodation. If you refuse to move, we will commence legal action to recover possession of the property.
When succeed to the FTT tenancy is refused
If your request to succeed is refused, you will be required to move out within a reasonable timescale.
Failure to do so would result in legal action being taken against you to recover the property.
For further details or to discuss your tenancy please contact your Housing Officer or call the contact centre on 01708 434000.