Tenancy succession

What is succession

Succession is a legal term used when a person inherits a tenancy. A person who inherits a tenancy is called the "successor". Succession can also take place when a tenant signs over their tenancy to another person, and this is called “assignment”. Succession can also take place if a court decides a tenancy must pass from the tenant to another person.

Who can succeed to a tenancy

Succession can only take place if we approve a person's succession claim. There are a number of rules that must be followed before we can approve it. These rules are laid down in both housing law and our own policy.

In order to succeed to a tenancy you must be eligible. All eligible persons must have been living with the deceased tenant, and the deceased tenant’s home must be the eligible person’s only or main home at the time of the deceased tenant’s death.

Tenancies which started before 1 April 2012

For secure tenants of Islington Council with a tenancy start date of before 1 April 2012, the following relatives could succeed automatically to a tenancy:

• A joint tenant
• The deceased tenant’s spouse or civil partner - that is equivalent to the married partner of the deceased tenant

For secure tenants of Islington Council with a tenancy start date of before 1 April 2012, the following relatives can succeed if they resided with the deceased tenant for the 12 months before the deceased tenant's death:

• Parent
• Grandparent
• Child
• Grandchild
• Sibling
• Uncle or Aunt
• Nephew or Niece
• "Half" and "step" of the above relations are also eligible
• Partners of the opposite or same sex - that is, the unmarried heterosexual or same sex partner, of the tenant

Tenancies which started on or after 1 April 2012

Changes in the law that took effect from 1 April 2012 have limited the right of succession to a smaller group of relatives. For secure tenants of Islington Council with a tenancy start date on or after 1 April 2012, only the following can succeed to the tenancy:

• A joint tenant
• The deceased tenant’s spouse or civil partner
• Partners of the opposite or same sex - that is, the unmarried heterosexual or same sex partner, of the tenant.

For secure tenants of Islington Council with a tenancy start date on or after 1 April 2012, the following relatives would therefore no longer have an automatic right to succeed. However, the council may grant a discretionary tenancy to these relatives:

• Parent
• Grandparent
• Child
• Grandchild
• Sibling
• Uncle or Aunt
• Nephew or Niece
• "Half" and "step" of the above relations may also be eligible for a discretionary tenancy.

These relatives may only be considered for a discretionary tenancy if:

• They were living with the late tenant in the property throughout a period of five years ending with the death of the tenant (or the length of the tenancy, if shorter); and
• They do not own a residential property.

If the late tenant was themselves a successor

There can only be one succession of a secure tenancy. This means that if the deceased tenant was already a successor in his or her own right, the tenancy cannot be passed on again to another person. On receiving a succession claim, we will carry out checks of the tenancy records to establish whether or not there has already been a succession of the tenancy.

If the deceased tenant took over the tenancy from someone else prior to 1980, this may not be classed as a succession because at that time tenancy changes were dealt with differently.

If the late tenant was him or herself a successor, there is no automatic right to succession. However, the council may grant the following relatives a discretionary tenancy:

• Parent
• Grandparent
• Child
• Grandchild
• Sibling
• Uncle or Aunt
• Nephew or Niece
• "Half" and "step" of the above relations may also be eligible for a discretionary tenancy.
• The deceased tenant’s spouse or civil partner
• Partners of the opposite or same sex - that is, the unmarried heterosexual or same sex partner, of the tenant.

These relatives may only be considered for a discretionary tenancy if:

• They were living with the late tenant in the property throughout a period of five years ending with the death of the tenant (or the length of the tenancy, if shorter); and
• They do not own a residential property; and
• The council may owe them a housing duty as defined within section 189 of the Housing Act (1996).

What happens if we approve a succession claim

We will write confirming approval of the succession claim and confirm the date on which the succession took place (the first Monday after the death of the tenant).

What happens if we approve a discretionary tenancy

A discretionary tenancy may be for a secure tenancy of the deceased tenant’s property if the property is of the right size (i.e. has the correct number of bedrooms) and does not have adaptations or features required by disabled people. Otherwise, the discretionary tenancy will be of another suitable property.

Additional rules

There are some additional rules that we have to take into account.

Is the house or flat too large for the successor?

If it is larger than required by two bedrooms or more, the successor will be asked to move to a smaller home. We have to do this because there are many families living in unsuitable accommodation that need a bigger home. We will work with the successor to help them find and move to a smaller home. If the successor refuses to move we can ask a court to force them to move.

This rule does not apply to joint tenants or the deceased tenant’s husband/wife or civil partner, although we can help them find and move to a smaller home if they wish.

Is the house or flat adapted for people with special needs?

If there are adaptations for people with special needs, but the successor and their family do not need to use them, they will be asked to move to an alternative property. We need to ensure that special aids and adaptations are available to disabled people that need them. We will work with the successor to help them find and move to a different home. If the successor refuses to move we can ask a court to force them to move. This rule applies to any successor.

Was the deceased tenant behind with their rent or had we taken them to court?

If the deceased tenant had any rent arrears when they died they will not be passed on to the successor, unless the successor is the joint tenant. If the deceased tenant had a court order against them, the successor takes on the terms and conditions of the court order.

What happens if we do not approve a succession or discretionary tenancy claim

If we do not accept a succession claim we will confirm this decision in writing. The person in occupation will be asked to make urgent arrangements to move out and return the keys.

We will continue to charge the person for use and occupation of the property until they move out. If the person fails to move out, we will take legal action to regain possession of the property. The person will also be liable to pay any court costs.

Contact us

For more information about succession and how to make a succession claim speak to the Tenancy Management Team at your area housing office.