Succeeding to a tenancy after a bereavement (succession)

When a tenant passes away, it may be possible for a husband, wife, civil partner, or another family member (in certain circumstances) to take over the tenancy. This is known as succession, and the person who has succeeded to a tenancy is called a successor.

Succession can only occur following the death of the tenant.

If the deceased person was a joint tenant, the only person who may be able to succeed the tenancy would be the remaining joint tenant. The tenancy automatically transfers to the remaining tenant, and they will become the sole tenant. The legal term for this is ‘survivorship’. 

A succession can only happen once. This means that if the deceased person was a successor (including a previous joint tenant), there cannot be a succession by another family member. The law does not allow for two or more people to succeed to a tenancy. 

Only one person can be granted succession. Where more than one person applies for succession and there is no remaining joint tenant, the law gives preference to the tenant’s spouse or civil partner, above any other family member.

Where more than one person applies for succession and there is no spouse or civil partner eligible to qualify, the family members must decide between them who will succeed. If they are unable to agree, we (Bolton at Home) will make the decision. This decision is final.

If the tenancy began before 1 April 2017:

The following family members may succeed to a tenancy (as per Section 13 of the Housing Act 1985):

• Husband/Wife
• Uncle/Aunt
• Civil partner (civil partners are same-sex couples who have formally registered their relationship under the Civil Partnership Act 2004)
• Unmarried heterosexual/same-sex partners
• Niece/Nephew
• Grandfather/Grandmother
• Father/Mother
• Brother/Sister
• Daughter/Son
• Stepson/Stepdaughter
• Adopted child
• Grandson/Granddaughter

A family member under the age of 18 can also succeed to a tenancy, subject to the usual conditions of succession being met. In such cases, a trustee would need to be agreed to hold the tenancy in trust for the child. This could be a family member or the local authority.

As well as the person being a family member, there are other conditions that must be met to allow a succession to take place: 

1. The deceased tenant must have been using the property as their only home before their death.
2. The person wishing to succeed must have lived with the deceased tenant for a minimum of the 12 consecutive months before the date of death.
3. If a husband/wife or civil partner wishes to succeed, they must have been living with the deceased tenant at the date of the death. The 12-month residence period will not apply in this case.

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If the tenancy began on or after 1 April 2017:

For tenancies granted on or after 1 April 2017, the only persons who now have the right to succeed to a tenancy are: 

• Spouse 
• Civil Partner 
• Partner
• Joint tenants

In addition to meeting one of the above, the successor must also have occupied the property as their only or principal home at the time of death of the tenant. 

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Providing evidence for a succession request:

When dealing with a succession request, the successor may be asked to provide evidence of any relationship to the deceased and the length of residency at the property. 

Examples of the type of information that will be accepted (as proof that you have lived at the property) include letters from the Department for Work and Pensions, wage slips, bank statements, and utility bills.

A person cannot succeed to a tenancy if any of the following apply:

• The deceased tenant had previously succeeded to the tenancy (including a person who was joint tenant and later became a sole tenant after the other joint tenant died).
• There had previously been an assignment of the tenancy or property adjustment order under the Family Law Act.
• The deceased tenant had been living alone.
• The deceased sole tenant had left the property and was not using it as their only home.
• The deceased sole tenant had left the property and been admitted to hospital or a residential home for long-term care or treatment.
• Where a possession order had been granted which ended the tenancy.
• Where the applicant asking for succession is unable to prove their relationship to the deceased tenant, or their period of residence at the address.

If a joint tenant has succeeded to a tenancy, we will normally allow them to remain at the property.

However, if the property is specialised accommodation, such as sheltered accommodation, we may require them to move if they do not meet the lettings conditions for this type of accommodation. In these circumstances we will support them to move to alternative accommodation.

If the property is too large for them, we will offer advice on any potential under-occupancy charges and if they wish to downsize, we will offer them support to move to a smaller property.

If a husband/wife or civil partner has succeeded to a tenancy, they will be allowed to stay in the property on a permanent basis subject to the terms and conditions of the tenancy, and provided that the property has not been adapted or is not too large for them (i.e. the number of bedrooms vs. the number of household members).

If the property has been adapted or has more bedrooms than they need, we may require them to move to a smaller property. In these circumstances we will support them to move to alternative accommodation.

Again, if the successor is another family member (including unmarried partners and unregistered same-sex partners) then Bolton at Home can legally support them with a move to smaller accommodation if the property has been adapted or is larger than they need. 

If the property is specialised accommodation, such as sheltered accommodation, we may require them to move if they do not meet the lettings conditions for this type of accommodation. In these circumstances we will support them to move to alternative accommodation.

If a person has been living at the property but does not meet the succession criteria following the death of the tenant, it is likely that they may have to move out and find their own accommodation. There are limited circumstances where the person may qualify for alternative housing assistance. 

Examples are as follows: 

1. If the applicant has lived with the deceased person for at least the five consecutive years prior to the death of the tenant and provided them with a high level of personal care. Full details of the care provided would have to be supplied as well as evidence of any formal Carer Allowance and/or Attendance Allowance benefits that may have been received.
   
   
2. If the applicant will be a vulnerable homeless person, and in priority need, if they were forced to leave the property. Any consideration as a homeless applicant will be in line with the homeless legislation.

To apply for succession, you'll need to contact us by calling us on 01204 328000 or by emailing: info@boltonathome.org.uk.

You may need to provide evidence to confirm the information you've supplied. A member of our Homefinder Team will contact you to explain what documents are needed.

Once you've provided the necessary information and documents, we'll (Bolton at Home) then make a decision and inform you (or whoever made the request) of the outcome.

We may contact other organisations and agencies to confirm any of the information provided by you.