Succeeding a tenancy
Secure and assured tenants have a statutory right to succession, as set out in your tenancy agreement. Succession occurs when a tenant dies and the tenancy passes to their spouse or another family member, provided qualifications are met. Our tenancy agreement extends the basic legal regulations as to who can succeed a tenancy.
Assured tenancy
A person is entitled to succeed to an assured tenancy if they occupy the dwelling as their only or principal home at the time of the tenant’s death and they are either the tenant’s spouse, or partner and this includes same-sex partners. Our tenancy agreement extends succession rights to include family members who have resided with the tenant for the year preceding the death.
A tenancy can only be succeeded once so a tenancy cannot be succeeded if the tenant who died was a successor him/herself. To make sure out homes are fully occupied, if a member of the family other than the spouse succeeds and they are under occupying, we can gain possession provided alternative accommodation is offered.
Assured shorthold tenancies
Assured shorthold tenancies have similar rights to assured tenants.
Secure tenants
A person is entitled to succeed to a secure tenancy if they occupy the dwelling as their only or principal home at the time of the tenant’s death and they are the tenant’s spouse or a member of the tenant’s family who has resided with the tenant for a period of 12 months ending with the tenant’s death.
Family members are defined as the tenant’s partner, and this includes same-sex partners, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece. Step-relationship, half-blood and children of common-law relationships are treated as full blood relations.
A tenancy can only be succeeded once, therefore a tenancy cannot be succeeded if the tenant who died was a successor him/herself. If there is more than one person entitled to succeed, the tenant’s spouse take precedence over the other family members. If there is no spouse and they cannot agree between themselves, the final decision rests with the landlord.
A young person under the age of 18 may succeed to a secure tenancy. The tenancy takes effect as a tenancy in equity and the landlord or a responsible adult holds the tenancy on trust until the tenant reaches the age of 18.
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