If a council tenant dies, we may be able to transfer ('succeed') their tenancy to a family member. This is called succession.
This page explains who may be able to take over a tenancy, the conditions that apply and what happens if no one is eligible.
Who can take over a tenancy
You may be able to succeed a tenancy if you're one of the following:
- the tenant's spouse or civil partner
- a family member who lived with the tenant for the 12 months before their death
- a cohabiting partner, in some circumstances
The rules depend on your relationship to the tenant and when the tenancy began.
Spouses and civil partners
You can succeed a tenancy if you were the tenant's spouse or civil partner and you were living in the property as your main home when they died.
Family members
If the tenancy started before 15 September 2014, you can succeed it if you're a family member and you lived with the tenant continuously for the 12 months before they died.
For succession purposes, family members include blood relatives and step-relatives, but not cousins.
This 12-month period can include time spent living together in a different property, for example if you both moved due to a transfer or mutual exchange.
Cohabiting opposite-sex couples
A cohabiting opposite-sex partner may be able to succeed the tenancy in some circumstances.
The Civil Partnership Act 2004 does not extend this right to same-sex cohabiting couples without a civil partnership.
Additional conditions
Other important conditions include:
- only one person can succeed a tenancy
- spouses or civil partners usually have priority over other family members
- you cannot succeed a tenancy if the previous tenant was already a successor
- succession can be assigned to a qualified person
- a mutual exchange only creates succession rights if the tenant was already a successor
If no one is eligible to succeed
If no one is eligible to take over the tenancy, it legally ends and anyone living in the property must move out.
However, our policy may offer a new tenancy to some relatives who would have succeeded if it were not for a prior succession. For example, this could apply to the adult child of a tenant whose tenancy began before 15 September 2014.
These individuals do not have a right to remain in the property, but we may offer suitable alternative accommodation, such as a one-bedroom flat for someone living alone.
What to do next
If you think you may be eligible to succeed a tenancy, contact us as soon as possible to discuss your circumstances.
Related information
Contact the Tenancy Management Team
Speak to customer services
If you need to speak to someone about this topic, you can ring or visit our customer service centre.
