If you or someone else is living in the property, but they were not a joint tenant, they may have the right to stay in the property and take the tenancy on, i.e. ‘succeed’ the tenancy.
This right depends on the type of tenancy, the relationship between the occupant and the tenant who has passed away, and the length of time the occupant has lived there.
Am I eligible to succeed?
This will be dependent on several factors that we will need to discuss and check with you before a decision can be reached. In general terms for a secure/ assured tenancies a succession may be granted if;
- the tenant who has died was your husband, wife, civil partner, or cohabitee, and if it was your home when they died; or
- there is a clause in the tenancy allowing a family member to succeed if the tenant did not have a spouse, civil partner, or cohabitee. You will also need to be able to prove that you lived at the address as your home for at least 12 months; and
- the tenant who died wasn’t a successor to the tenancy themselves.
You will need to apply to succeed the tenancy by submitting the below form to us, or calling us to discuss.
You will also need to provide evidence of your relationship to the tenant with, for example, birth and marriage certificates, and evidence of your length of occupancy at the property with, for example, a council tax bill or bank statement.
We will also need a copy of the death certificate. You can upload a copy of the certificate, if you complete the below form. Alternatively, you can send this via email, or post.
If you do have the right to succeed the tenancy, we will confirm this in writing as soon as possible. If the property is larger than is required to suit your needs, or adapted to suit certain disabilities you do not have, we may offer you an alternative property or help you find something more suitable for you to move to.
If you do not have the right to succeed, we will also confirm this in writing as soon as possible. We appreciate this will be a very difficult time, and we will give all the help and advice we can to find alternative accommodation.
Please remember, you will need to contact utilities providers and your local council tax team as well as any benefits agencies, if applicable.