Succession

The law allows only one statutory succession per tenancy.

This means (as per the law):

• if the deceased tenant had already succeeded to the tenancy themselves, it usually cannot be passed on again; and
• where a joint tenancy later became a sole tenancy, this may also count as a succession

You may have a right to succeed if:

• you were the husband/wife/civil partner of the tenant and lived with them as your main home at the time of their death, or
• you were the partner or a defined family member of the tenant and had lived in the home with them at the time of the tenant's death and for the 12 months before they died.

You will need to provide proof of your relationship to the tenant and that you lived with them. (see evidence section below for further information).

Where there is no statutory right, a policy succession may be considered in limited circumstances under the rules of the Housing Selection Scheme.

A policy succession may be considered if:

• you were the tenant's partner and had lived with them for at least one year,
• you moved in to care for the tenant and sold or gave up your own home to do so. 
  (This does not apply if the tenancy or license you gave up was granted to you by a relative).
• you have taken on responsibility for the tenant dependants.

Generally, if there has been a previous succession only specified family members will be considered (i.e. the husband/wife/civil partner, child, or sibling of the tenant).

You will need to provide proof of your relationship and your residence. If you gave up your own tenancy to provide care, proof of this will also be required. There is no minimum residence period for someone who moved in to care for the tenant's dependants.

Relationships can be evidenced through birth and other certificates e.g. marriage or other things such as joint bank accounts or benefit claims.

Residence is best evidenced through official documents or correspondence sent to the relevant address (online statements may not prove residency).

It is also important to note that if the deceased tenant was claiming benefits to assist with their housing costs, it is a legal requirement that anyone living with them is declared as part of this.

The landlord may place significant weight on what Housing Benefit or Universal Credit records detail as the household make up.

All evidence provided will be evaluated and a decision made on the balance of probabilities by the deciding officer.

An assignment is when a tenant transfers their tenancy while they are still alive.

This may apply where a court issues an order for a tenancy to be assigned from one person to another under family law proceedings.

This may also apply where you have a legal right to exchange (swap) your home. The swap must be approved by us and is only allowed in specific circumstances. 

In other circumstances, a policy assignment may be considered where the tenant:

• is unable to manage the tenancy due to serious illness and the tenant is remaining in the property
• leaves and another person takes on responsibility for the tenant's dependent children
• moves into long-term residential or sheltered care or specialist housing and an eligible household member remains (the person remaining must be someone who would have been entitled to succeed had the tenant died) 

Applications for assignment must come from the tenant, unless someone has the legal authority to act on their behalf.

In very exceptional cases where neither type of succession or assignment applies, your case may be referred to the Director of Housing Services for consideration.

This is very rare and the needs of people on the Waiting List are always considered.

Even where the criteria for a policy succession/policy assignment are met, your request may be refused if the property does not match your household's needs — for example;

• if it is a bungalow with no more than two bedrooms or
• is substantially too large or too small or
• has been specially adapted or built to wheelchair standard and
• the property is needed to meet the housing needs of someone on the Waiting List.

This helps ensure that social housing is used as effectively as possible. Where a policy succession or policy assignment is refused on these grounds, one offer of suitable alternative accommodation will be made.

This offer will not count as one of your reasonable offers if you have an open housing application. Any new tenancy granted following a succession or an offer of suitable alternative accommodation will usually be an introductory tenancy.

If you need any further information, you should contact your Housing Officer.

If a tenant has died and you want to apply to succeed you should contact the local office. An interview will be carried out at the property. During this interview you should provide the evidence as requested by your Local Office.

If you are the tenant and no longer want your tenancy and wish to assign your rights to another person you should contact your Local Office. During these interviews you should both provide evidence as requested by your Local Office.

This interview allows us to start to gather the information we need to make a decision.

In most cases succession applicants can remain in the property with Permission to Occupy while a decision is being made. An occupation charge will apply during this time, until a final decision is reached (including any review), one offer of suitable alternative accommodation has been made where applicable, or the property is vacated.

While you have a permission to occupy charge, you may be able to seek assistance for housing costs through Universal Credit, Housing Benefit and Rates Rebate.

You must provide accurate and honest information.

Providing false or misleading information is a criminal offence.

A joint tenancy is where two or more people are named on the same tenancy agreement and share equal rights and responsibilities.

A new joint tenancy may be granted where the proposed joint tenant

• is the husband/wife/civil partner of the existing tenant or
• would be entitled to succeed to the tenancy or
• was part of the household when the tenancy was first granted or
• has lived with the existing tenant as part of the same household for at least one year. 
  (A joint tenancy may be refused if there is evidence that the existing tenant intends to leave the property.)

If any joint tenant ends the tenancy, it will end the tenancy for all tenants. There is no obligation to award a sole tenancy to the remaining parties.

We will arrange an interview to gather the information we need and will write to you with our decision.

If you disagree with a succession or assignment decision, you can ask for a review. The decision letter will explain how to do this.

If you consider that an offer of alternative accommodation is not reasonable, you can dispute this through the complaints process.