Taking over a property if the tenant has died

A tenancy can be passed on to a husband, wife, or civil partner through a process known as succession. In some cases it can be passed onto another family member, like a son or daughter.

Whoever succeeds the tenancy will have the same type as the person who died. For example, if they had an introductory tenancy or a demoted tenancy, it will stay as this type until the full trial or demotion period has ended.

If you were a joint tenant with the person who died you will be responsible for any rent arrears at the time of death, as well as the ongoing rent for the property. 

How tenancy succession works

There can only ever be one succession to a council tenancy. If the original tenancy was a joint tenancy and one of the tenants dies, the other tenant will take over the tenancy by succession. When that person dies nobody else can take over the tenancy.

If the person who died was a sole tenant then their husband, wife, or civil partner can take over the tenancy, as long as they were living there at the time of death. 

Other family members succeeding the tenancy

They must have been living in the house of the person who died for at least a year before their death.

For tenancies started after 1 April 2012 there is no automatic right for a family member to succeed, unless the agreement specifically allows it.

Family members that can inherit a council tenancy include:

• cohabiting partners
• children
• parents
• siblings
• most other close relatives but not foster children

If the property is bigger than the family member needs, or is a particular type of property (like a house specially adapted for disabled people) we might move them to another suitable home.