Succession rights – who can inherit a tenancy?
Succession is when a tenancy passes to someone else after the tenant dies.
The law only allows one succession. If the tenancy has already been passed on before, it cannot happen again.
Housing law allows one legal succession to a council or housing association tenancy. Since April 2012, only a spouse or partner can succeed to new secure council tenancies in England. For older secure tenancies (before April 2012), certain family members may still inherit, if they meet eligibility rules.
Council tenancies: who can succeed?
This depends on when the tenancy began:
Tenancies that began before 1 April 2012 (secure council tenancies):
- A spouse, civil partner, or partner living with the tenant can succeed.
- Other close family (children, parents, siblings) may also succeed if they lived in the home for at least 12 months before the tenant died.
Example: If your mother was the tenant and you lived with her for two years, you may be able to take over the tenancy.
Tenancies that began on or after 1 April 2012 (secure council tenancies):
- Only a spouse, civil partner, or partner has the right to succeed.
- Other family members do not have a legal right, though the council may choose to offer a tenancy in some cases.
Example: If your father was the tenant and you are his adult child living with him, you cannot automatically succeed if the tenancy started in 2015.
Housing association tenancies: who can succeed?
- Most housing association tenancies are assured tenancies.
- By law, only a spouse, civil partner, or partner living with the tenant has the right to succeed.
- Other family members such as children, parents, or siblings do not have a legal right.
- Some housing associations may grant extra rights, but this depends on their policies and will be set out in the tenancy agreement.
Example: If your brother was a housing association tenant and you lived with him, you cannot automatically take over the tenancy unless the housing association’s rules allow it.
Things to remember
- Only one statutory succession is allowed.
- Rights depend on the type of tenancy and when it started.
- Extra rights may be included in your tenancy agreement or offered at your landlord’s discretion.
What to do next
- Check your tenancy agreement for any extra rights.
- Speak to your housing officer or landlord to confirm what applies to you.
Useful links
Links on this website
Links to other websites
Shelter – advice on succession
Citizens Advice – staying in your home when somebody dies
Housing act links
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