Succession rights: taking over a council or housing association tenancy

When a council or housing association tenant dies, a family member may have the right to take over the tenancy. This is called succession. Below, we set out who can succeed a tenancy, when the right applies, and what has changed under the Localism Act 2011.

What is succession?

Succession is the legal right of a surviving family member or partner to take over a social tenancy when the tenant dies. The successor becomes the new tenant, with the same type of tenancy and the same obligations.

Who can succeed to a tenancy?

The succession rights for secure tenancies (typically council tenancies) and assured tenancies (typically housing association tenancies) are slightly different.

For secure tenancies (council housing)

Under the Housing Act 1985 (as amended), a single succession is allowed. The person who can succeed is:

• The deceased tenant's spouse or civil partner who was occupying the property as their only or principal home at the time of death
• A person living with the tenant in the property as the tenant's spouse or civil partner (this includes same-sex partners)

If there is no spouse or civil partner, the Housing Act 1985 was amended by the Localism Act 2011. Before the 2011 Act, a family member (including adult children) who had lived with the tenant for 12 months before death could succeed. After the Act, social landlords were given more flexibility to set their own succession policies. Many now limit succession to spouses and civil partners. You should check your landlord's current policy.

For assured tenancies (housing association housing)

The Housing Act 1988 gives the right of succession to the deceased tenant's spouse, civil partner, or person living with the tenant as a spouse or civil partner, who occupied the property as their only or principal home.

Some housing associations have wider succession policies, check your tenancy agreement and the landlord's policy.

Can there be a second succession?

No. There is only a right to one statutory succession. If the person who succeeded the tenancy also dies, there is no further statutory right of succession. The landlord may agree to a second succession as a matter of policy, but is not legally required to.

What if the person who wants to succeed does not have an automatic right?

If a family member was living with the tenant but does not meet the criteria for statutory succession, the landlord may still agree to grant a new tenancy in certain circumstances. This is discretionary.

It is worth writing to the landlord as soon as possible after the death and setting out the circumstances. A landlord may grant a new tenancy on compassionate grounds, particularly where children or vulnerable adults are involved.

Succession and disrepair

If you have succeeded a tenancy that has existing disrepair, you have the same right to bring a housing disrepair claim as any other tenant. The landlord's obligation to maintain the property in good repair continues. You should report any disrepair to the landlord immediately after taking over the tenancy.

When should I contact Support for Tenants?

If you have inherited a tenancy and your home has disrepair, we can advise on your rights.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1985 (succession to secure tenancies) (legislation.gov.uk)
• Housing Act 1988 (succession to assured tenancies) (legislation.gov.uk)

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• Assured tenancy vs assured shorthold tenancy
• Joint tenants, when one moves out