Succession to Tenancy

There are currently 3 levels within the Succession of a Tenancy following the death of a tenant.
These being…

Level One

• your husband or wife or co-habitee if the house was their only or principal home on your death; OR
• a joint tenant, if the house was his or her only or principal home for six months on your death.

In the case of a co-habitee, he or she must also have occupied the house as his/her only or principal home for at least 6 months immediately before your death. If more than one person qualifies for the tenancy under Level One, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.

Level Two

If no-one qualifies at Level One, or a qualified person does not want the tenancy, it may be inherited by a member of your family as long as:

• he or she is aged at least 16 at the date of death;
• the house was his or her only or principal home at the date of death.

If more than one person qualifies for the tenancy under Level Two, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.

Level Three

If no-one qualifies at Level One or Level Two, or a qualified person does not want the tenancy, it will be inherited by a carer as long as:

• he or she is aged at least 16 at the date of death;
• the house was his or her only or principal home at the date of death;
• he or she gave up another only or principal home before the death of the tenant.
• He or she is providing, or has provided, care for the tenant or a member of the tenant’s family.

If more than one person qualifies for the tenancy under Level Three, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.

The tenancy can only be inherited twice under the provisions noted above.

Succession to Tenancy Forms can be obtained from the office or you can download here.