Tenancy succession
What is a succession?
A succession to tenancy takes place when the named tenant (or one of a joint tenancy) passes away. As a tenancy agreement is a legal document, any changes to the tenancy must be made formally, and a procedure must be followed. Succession relates to the statutory right of certain people to succeed to a tenancy following the death of a tenant.
There can only be one succession. If the deceased tenant succeeded to the tenancy themselves, no further succession can be granted.
Who can succeed?
A remaining joint tenant will qualify for ‘survivorship’ to the tenancy (this means the tenancy transfers into their sole name), providing the qualifying criteria is met. A spouse will have an automatic right to succeed, unless there has been a succession on the tenancy before. This is because succession of a tenancy can only happen once.
Family members may be able to succeed, but this will depend on when the tenancy started, and the type of tenancy held.
Secure tenancy types - granted before 1 April 2012
A spouse or civil partner can succeed to the tenancy if they have been living with the deceased at the time of death. If there is no spouse or civil partner, a family member, as defined in the Housing Act 1985, may be able to succeed if they were residing with the late tenant for twelve months prior to death. This is as long as there has been no previous succession. Please note that for family members who are under-occupying the property, they will be required to move to a property that is more suited to their needs. The right of succession is to the tenancy, not the property.
Secure tenancy types - granted after 1 April 2012
The Localism Act 2011 introduced changes to the law on succession rights. For tenancies created from 1st April 2012, the statutory right to succeed to a tenancy rests only with a spouse, partner or civil partner of the tenant who was residing with the tenant as their only or principal home at the time of the tenant’s death and that the qualifying criteria is met.
Contact us
For more information about succession or if you wish to inform us of a death, please contact the Neighbourhood Housing Team by telephone on 0300 300 8046 or by email at neighbourhoodhousing@centralbedfordshire.gov.uk.
How to apply
If you think you are eligible for succession, then please complete the Succession to Tenancy Request below together with all the requested documentation. Please note that rent charges will continue to be charged whilst we review your succession application.