Succession of Tenancy
When a secure tenant dies, the tenancy
may pass on to their husband, wife, partner or other relative living in
their home. This process is called succession and is a legal right that
depends on certain conditions being met.
Only
one succession can take place and there can be no further succession
after the last surviving joint tenant dies (a joint tenancy which
becomes a sole tenancy counts as a succession). Family members must
have lived with the tenant for one year to qualify to succeed to the
tenancy. This condition does not apply to husbands and wives.
The
people who can succeed as family members are listed in section 113 of
the Housing Act 1985 and can include for example, a husband or wife,
the tenant’s parents, grandparents, children, grandchildren, brothers,
sisters, uncles, aunts, nephews and nieces). A male or female partner
of the tenant (including same-sex partners) may also be considered.
However,
by law, we can repossess the accommodation if the succession by a
family member, other than a husband or wife, means that the home is
underoccupied. We normally allow one bedroom over the assessed need.
There cannot be a succession to more than one person. If there is more
than one person entitled to succeed, a husband or wife takes
preference. If there are two or more family members entitled to
succeed, they may agree between them who should succeed. If they cannot
agree, the council will decide.
It
is important that you contact us as soon as possible if you think you
have the right to succeed to a tenancy when the tenant has died. You
should not assume that everything will be agreed automatically.
You
should also consider applying for Housing Benefit. If you are entitled
to succeed to the tenancy, you will have to pay the rent from the date
the tenant died. If you are not entitled to succeed but still live in
the property, the council will ask you to pay damages for use and
occupation charges. These will be equal to the weekly rent you have to
pay and you may be entitled to Housing Benefit towards these charges.
No
person can succeed to a tenancy if the tenant who has died was a
successor tenant. A partner or family member, other than a husband or
wife, who lived with the tenant for less than one year does not have a
right to succeed to a tenancy. A person who is not a partner or a
family member does not have a right to succeed to the tenancy.
If
you have no legal right to succeed, we or the council will begin
proceedings to repossess the accommodation and you will be referred to
the council’s Homeless Persons’ Unit for assessment to see if you
qualify for alternative accommodation under the homeless legislation.