When a tenant dies, the tenancy can sometimes be passed on to another member of the tenant's household - this is known as succession.
Legally succession can only take place once so if you inherited your tenancy from a relative, no one has the right to inherit your tenancy.
If you would like to discuss this further with a member of our team call 01509 634666.
Who can succeed a tenancy?
The people who are legally entitled to succeed are your husband or wife or civil partner with whom you live.
If a tenancy was originally a joint tenancy and one of the joint tenants dies or surrenders their interest, this is a succession and no further statutory successions can be claimed.
The council also grants discretionary succession rights to other family members. These family members are:
- Your unmarried partner with whom you have lived for at least 12 months, OR
- Your same sex partner with whom you have lived for at least 12 months, OR
- A member of your family providing they have lived with you for at least 12 months
Tenancy and Estate Management Officers carry out home visits in all cases where there are no succession rights, to explain the situation in person and arrange for any necessary paperwork to be completed.
Suitability of property
If the successor was not the deceased tenant's spouse or civil partner, then we may consider the size of the property.
For example, if a single person succeeds a home with 2 or more bedrooms, the council may seek a move to a more suitably sized property to ensure that properties are not under-occupied and that the best use is being made of available housing.
Tenancy and Estate Management Officers carry out home visits in all cases where the property is considered unsuitable for the successor, to explain the situation in person and arrange for any necessary paperwork to be completed.
Last updated: Mon 30th July, 2018 @ 14:27