Tenancy succession
Contents
Who can succeed
Secure tenancies starting before 1 April 2012
The following household members may be eligible to succeed to a tenancy (if at the time of the tenant's death, they lived as a household member for at least the past 12 months):
- a joint tenant
- deceased tenant’s spouse or civil partner
- parent
- grandparent
- child
- grandchild
- sibling
- uncle or aunt
- nephew or niece
- half sibling
- foster children
Secure tenancies starting on or after 1 April 2012
The law limits the right of succession to a smaller group:
- a joint tenant
- the deceased tenant’s spouse or civil partner
Succession can only be to a spouse (married or civil partner) if they were using the property as their only and principal home at the time the tenant passed away.
Other relatives
Although the following relatives no longer have a statutory or legal right to succeed, we may allow them to contractually succeed. They need to prove their eligibility and must have been living at the property for 12 months before the death of the tenant:
- parent
- grandparent
- child
- grandchild
- sibling
- uncle or aunt
- nephew or niece
- half sibling
Spouse or civil partner
A spouse is deemed to be someone who is legally married. A civil partner is someone who has entered into a legal partnership.
A spouse does not include unmarried couples or cohabiting couples who live together.
Partners vs other family members
Succession rights automatically go to the surviving wife, husband, or civil partner over other family members.
We can't skip the partner getting succession rights to allow a child to succeed instead.
Multiple relatives qualifying
If more than one family member qualifies for succession (and lived in the property over 12 months), the family will need to agree between them who is going to claim the tenancy.
Other people
There may be circumstances where we allow someone else to succeed to the tenancy.
We look at each case on its own merit and individual basis. Although legally there can only be one succession, we realise that in some cases the family members living at the property may have never lived anywhere else.
Depending on the circumstances (and in line with our tenancy policy), we may consider offering a new tenancy at the property or offer more suitable alternative accommodation elsewhere.
Last updated 19 March 2025