When a council or housing association tenant dies, a family member may hold the right to take over the tenancy. This is called succession. Here is who can
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When a council or housing association tenant dies, a family member may hold the right to take over the tenancy. This is called succession. Here is who can take over, when the right applies, and what the Localism Act 2011 changed.
What is succession?
Succession is the legal right of a surviving partner or family member to take over a social tenancy when the tenant dies. The person taking over becomes the new tenant. Same tenancy type, same duties.
Who can succeed to a tenancy?
The rules differ slightly between secure tenancies, typically council, and assured tenancies, typically housing association.
For secure tenancies (council housing)
Under the Housing Act 1985, as amended, one succession is allowed. The person who can succeed:
- The tenant's spouse or civil partner, living in the home as their only or main home when the tenant died
- A person living with the tenant as a spouse or civil partner, same-sex partners included
No spouse or civil partner? The Localism Act 2011 changed the ground here. Before it, a family member who had lived with the tenant for 12 months before the death could take over. Adult children counted. After it, social landlords gained freedom to set their own rules. Many now limit the right to spouses and civil partners. Check your landlord's current policy.
For assured tenancies (housing association housing)
The Housing Act 1988 gives the right to the tenant's spouse or civil partner, or someone living with the tenant as one, where the home was their only or main home.
Some housing associations run wider succession rules. Check your tenancy agreement and the landlord's policy.
Can there be a second succession?
No. The law grants one succession only. Should the new tenant also die, no further legal right exists. A landlord may agree a second one as policy, but the law never requires it.
What if the person who wants to succeed does not have an automatic right?
A family member may have lived with the tenant without meeting the legal tests. The landlord may still agree a new tenancy in some cases. That choice is the landlord's.
Write to the landlord as soon as you can after the death, setting out the circumstances. New tenancies do get granted on compassionate grounds, above all where children or vulnerable adults are involved.
Succession and disrepair
Succeeded a tenancy already carrying disrepair? Your right to bring a claim matches any other tenant's. The landlord's repair duty carries on. Report any disrepair as soon as the tenancy becomes yours.
When should I contact Support for Tenants?
Inherited a tenancy with disrepair in the home? We can check whether you may have a disrepair claim and refer suitable matters to an SRA-regulated panel solicitor. Get separate advice on succession 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)
Related articles
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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