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Succession of Tenancy

What is a Succession of Tenancy?

Succession is a right given within a Tenancy Agreement for someone to inherit the tenancy when the tenant dies.

A tenancy can only be inherited once, unless your tenancy agreement allows for more than one succession.

Your right to inherit a tenancy depends on:

  • your relationship with the tenant
  • the type of tenancy they had
  • when the tenancy started
  • if there has previously been an Assignment of Tenancy

If you inherit a tenancy, it will be the same type of tenancy as that of the person who died with the same rent and rights.

We may ask you to provide evidence about who you are, your relationship with the tenant who died and how long you had lived with them.

If you do not have a right to inherit the tenancy and refuse to leave the property we will commence possession proceedings against you.

Joint Tenants

If you hold a joint tenancy with someone who dies – you automatically become the sole tenant- this is also known as survivorship. A joint tenant takes priority over anyone else’s claim to inherit the tenancy.

Who can inherit the tenancy

A husband, wife or civil partner will always take priority over anyone else, unless it is a joint tenancy then the tenancy continues in the name of the other joint tenant.

If there is a choice between qualifying relatives, you will need to decide among yourselves as to who inherits the tenancy.

You will need to provide us with some identification as to who you are (passport/driving license/bus pass)and prove that you have lived at the property with the tenant for the presiding 12 months, for example a council tax bill, utility bill or benefit award letter.

If you would like to apply to succeed the tenancy, click here to download the Succession Application Form.

  • Last updated: 07/12/2018

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