Tenancy transfer on death

Who can take over a tenancy?
What happens if there is no one eligible to take over a tenancy?

Who can take over a tenancy?

A secure tenancy allows certain people the right to take over a tenancy when a tenant dies. They are:

• A Spouse or Civil Partner

A spouse or civil partner must have occupied the property as their only or principal home at the time of the tenant's death

• Relatives including blood and step relatives, but not cousins  

A family member must have resided with the tenant as their only or principal home continuously for the 12 months immediately prior to the tenant's death.

The twelve-month period need not have been in the same property, e.g. the tenant was transferred by Oxford City Council or mutually exchanged tenancies.                                                    

• Co-habiting opposite sex couples who are regarded as family members

However, The Civil Partnership Act 2004 does not allow for co-habiting, same sex couples, without a civil partnership, to take over a tenancy.

Also;

• There can only be one successor to a tenancy
• A spouse or civil partner will usually take precedence over a family member where more than one person is entitled to succeed
• If the tenant was a successor, there is no further right to succeed
• A succession will also have been created by a joint to sole tenancy and an assignment to a person qualified to succeed
• Mutual Exchanges are not succession unless the tenant was a successor in relation to the tenancy being assigned by way of exchange (s88 (3) 1985 Act)

What happens if there is no one eligible to take over a tenancy?

If there is no one eligible to succeed under law the tenancy will come to an end.

Anyone living in the property would have to leave.

However, it is our policy to offer a new tenancy to certain remaining relatives. For example the adult child of a tenant. 

They would have no right the remain in the property, but would be moved to appropriate accommodation. For example a one bed flat if they were on their own.

Page last reviewed 18 Feb 2009