When a council tenant passes away, a spouse and in some cases another family member may have the legal right to take over the tenancy. This process is known as succession.
The rules around who can succeed a tenancy and how it works depend on the type of tenancy and individual circumstances.
Succession
There can only ever be one succession to a council tenancy.
In situations where the original tenancy was a joint tenancy and one of the original tenants dies, the surviving joint tenant will take over the tenancy by succession. When that person dies, nobody else can take over the tenancy.
If the person who died was a sole tenant, their husband, wife or registered civil partner can take over the tenancy (provided it hasn’t been passed on before) as long as they were living at the property at the time of their death.
Succession by other family members
If the tenancy started before 1 April 2012 and there is no spouse or civil partner to succeed, another close family member may be able to take over the tenancy, as long as:
- there has not already been a previous succession, and
- you lived with the tenant for at least 12 months before the tenant died.
Eligible family members may include:
- cohabiting partners
- children
- parents
- siblings
- other close relatives (but not foster children).
If the property is larger than you need, or is specially adapted, we may move you to a more suitable home.
If the tenancy started after 1 April 2012, family members other than spouses or partners are not legally able to succeed to the tenancy. Our team members will offer support and advice about housing options.
Type of tenancy
If you succeed to a council tenancy, you will have the same type of tenancy as the person who died. So, if they had an introductory tenancy or a demoted tenancy, it will remain introductory or demoted until the full trial or demotion period has passed.
If you were a joint tenant with the person who died, you will be responsible for any rent arrears at the time of your joint tenant's death, as well as the ongoing rent for the property.
Contact us
The succession process can be complicated so please talk to our housing team.
You may also find it helpful to seek legal advice, for example from your local Citizens Advice office.
Keep Me Posted
Sign up for email updates on council services.
Keep Me Posted