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Succession of Tenancy

Succession is the right to take over a tenancy after a tenant has died.

Who has the right to succeed?

You may have the right to take over a tenancy:

  • If a joint tenant has died
  • If you’re a husband, wife or civil partner of the tenant that died
  • If a tenant didn’t have a husband, wife or civil partner the tenancy can be passed to a member of the tenant’s family that has lived in the property for at least 12 months before the tenant died; you would need to provide proof of this
  • If you’re a person living with the tenant as his or her spouse or civil partner at the time of death


These are all considered as family:

  • parent
  • grandparent
  • child (includes step children and adopted children)
  • grandchild
  • brother
  • sister
  • uncle
  • aunty
  • nephew
  • niece

If more than one family member are eligible to take over the tenancy, the family would have to agree between them who will take over or we will decide.

Only one person can succeed a tenancy.

Every case is unique but there are some situations where succession will not be possible:

  • If a tenant that’s died is a successor himself
  • any succession that happened before we were established in April 2010 will not be counted

In some cases we may use our discretion. This can include:

  • A person that lived in the property when the tenant died and was caring for the tenant (we will need evidence of this)
  • A person who have been living with the tenant as his or her only home for a year before the tenant’s death (we will need evidence of this)
  • People who have accepted responsibility of the tenant’s dependants

We will consider each case on its individual merits and may consider the following:

  • The size of the property
  • The size of the family that would be left in the property
  • The need for housing in the area
  • If another suitable property is available
  • Any adaptations that have been made in the property
  • The eligibility criteria for the property: e.g elderly persons sheltered unit

Contact us for further information.