You may be able to inherit a council tenancy when a tenant dies. This depends on your relationship with the deceased tenant, the type of tenancy and when the tenancy started.
Inheriting a tenancy in this way is called succession. While a joint tenant is liable for rent arrears, a successor is not.
You should apply for succession within one month of the tenant's death.
Rights to succession
For secure tenancies that started before 1 April 2012
A spouse or civil partner has priority to succeed. They must have been living with the deceased tenant when they died. They would not need to downsize if they are underoccupying the property after succession.
If there is no spouse or civil partner, a family member can succeed if they lived with the deceased tenant for 12 months before they died. They would need to downsize if they are underoccupying the property after succession and wouldn't qualify for a downsizing incentive payment.
Only one succession is allowed.
For secure tenancies that started on or after 1 April 2012
Only a spouse or civil partner can succeed. They must have been living with the deceased tenant when they died. They would not need to downsize if they are underoccupying the property after succession.
Only one succession is allowed.
We may offer a discretionary tenancy to:
- a relative who had been living in the property for at least ten years at the time of death
- a full-time unpaid carer who had been living in the property for at least two years at the time of death
In both cases, we wouldn't offer a tenancy if it resulted in the applicant underoccupying the property after succession.
For probationary tenancies
A spouse or civil partner has priority to succeed. They must have been living with the deceased tenant when they died. They would not need to downsize if they are underoccupying the property after succession.
If there is no spouse or civil partner, a family member can succeed if they lived with the deceased tenant for 12 months before they died. They would need to downsize if they are underoccupying the property after succession and wouldn't qualify for a downsizing incentive payment.
Documents you need to apply
All applicants:
- the death certificate
- your full birth certificate
- photo ID (for example, passport or driving licence)
If you're a spouse or civil partner:
- proof of your residency at the time of death (for example, bank statement, pension credit letter, DWP documentation)
If you're a family member other than a spouse or civil partner:
- proof of your residency immediately before the tenant’s death (for example, bank statements, pension credit letters, DWP documentation):
- for one year if you're applying for a secure tenancy
- for ten years if you're applying for a discretionary tenancy
If you were a full-time, live-in, unpaid carer:
- proof of your residency for two years immediately before the tenant’s death (for example, bank statements, pension credit letters, DWP documentation)
Making your application
If you believe you're eligible for succession, you should apply within one month of the tenant's death. We may allow you to take longer in special circumstances.
Enquiries:
You can contact the council estate's housing and tenancy officer for guidance and support on succession.
