Succession
A transfer of a tenancy is called succession. Only one succession is allowed with each tenancy.
Succession for tenancies starting before 1 April 2012
If a tenancy was entered into before 1 April 2012, when a tenant dies, the tenancy will automatically pass to the remaining joint tenant. If there is no remaining joint tenant, a spouse or civil partner or a family member may take over the tenancy:
- a spouse and civil partner will have to show that they were living with the tenant as their principal home at the date of death
- a tenant’s family members will have to show that they were living with the tenant for at least 12 months before the death and have continued to occupy the property as their principal home
The family members, other than a spouse or civil partner, who may be eligible to be assigned the tenancy are:
- parent
- grandparent
- child
- grandchild
- sibling
- uncle or aunt
- nephew or niece
- a half brother or sister
Succession for tenancies starting on or after 1 April 2012
Statutory succession to a secure tenancy entered after 1 April 2012 only applies to:
- the spouse or civil partner of the deceased tenant
- a person living with the tenant as if they were a spouse or civil partner
In some cases, we may require the family member to move to a different, more suitable home. This happens, for example, if the tenancy is part of a sheltered housing scheme and services are not needed, or if the property is larger than needed.
Assignment
Tenants can also pass on a tenancy before they die to someone who would have been allowed to take it on after their death. This is known as an assignment.