What Are the Common Reasons Landlords Refuse Succession Claims?

Key Points

• Succession claims allow certain individuals to inherit a tenancy after the original tenant has passed away.
• Common reasons landlords refuse these claims include:
  • The claimant is not a qualifying family member.
  • The tenancy was not the deceased’s main home.
  • The claimant did not live with the deceased for the required time.
• Understanding these reasons can help potential claimants prepare better and avoid common pitfalls.
• Contend can provide tailored legal guidance to navigate the complexities of succession claims.

Overview of Succession Claims

In the UK, succession claims are essential for individuals who wish to inherit a tenancy after the original tenant has died. This process can be particularly critical for those living in social housing or protected tenancies, as it allows them to maintain their home and avoid homelessness.

However, landlords often refuse these claims for various reasons, leading to confusion and distress for potential claimants. Understanding the common reasons for refusal can empower individuals to take proactive steps in their succession claims.

In this article, we will explore the reasons landlords may refuse succession claims, the legal context surrounding these claims, and how individuals can navigate potential challenges. Additionally, we will highlight how Contend can assist you in understanding your rights and options.

Understanding Succession Claims

What is a Succession Claim?

A succession claim is a legal request made by a family member or partner of a deceased tenant to inherit that tenant’s secure or assured tenancy. The right to make a succession claim is typically outlined in housing law and varies depending on the type of tenancy.

Types of Tenancies

1. Secure Tenancies: Usually provided by local councils or housing associations, secure tenancies offer tenants strong rights and protections.
2. Assured Tenancies: Commonly found in the private rented sector, assured tenancies provide tenants with some security but may have different rules.

Understanding the type of tenancy is crucial, as it influences the succession rights available to potential claimants.

Who Can Make a Succession Claim?

To be eligible for a succession claim, the claimant generally needs to meet specific criteria:

• They must be a family member or partner of the deceased tenant.
• They must have lived with the deceased tenant in the property as their main home for a certain period before the tenant’s death.

The exact criteria may vary depending on the tenancy agreement and the landlord’s policies.

Common Reasons for Refusal of Succession Claims

Understanding why landlords may refuse succession claims can help potential claimants prepare better and avoid common pitfalls. Here are some of the most common reasons:

1. The Claimant is Not a Qualifying Family Member

Landlords often refuse succession claims if the claimant does not fall under the category of qualifying family members. These typically include:

• Spouses or civil partners
• Children
• Parents
• Siblings

If the claimant is a friend, distant relative, or someone who does not have a close familial relationship with the deceased, the landlord may reject the claim.

2. The Tenancy Was Not the Deceased’s Main Home

For a succession claim to be valid, the property must have been the deceased tenant’s main home at the time of their death. If the landlord believes that the tenant was living elsewhere or had multiple residences, they may refuse the claim.

3. The Claimant Did Not Live with the Deceased for the Required Time

Most tenancy agreements require that the claimant lived with the deceased tenant for a specific period before their death—often at least 12 months. If the claimant cannot prove that they have lived in the property for the required duration, the landlord may deny the succession claim.

4. The Tenant Was Not Entitled to the Tenancy

In some cases, the original tenant may not have had the legal right to the tenancy, such as if they were subletting without permission. If the landlord determines that the tenant was not entitled to the tenancy, they may refuse any succession claims.

5. The Landlord has Other Concerns

Landlords may also refuse succession claims based on other concerns, such as:

• The condition of the property
• The claimant’s history as a tenant (e.g., previous evictions or anti-social behavior)
• The landlord’s plans for the property (e.g., redevelopment)

Legal Context Surrounding Succession Claims

The Housing Act 1985

The primary legislation governing succession claims for secure tenancies is the Housing Act 1985. This Act outlines the rights of tenants and their family members regarding succession. Understanding this legal framework is essential for potential claimants.

The Housing Act 1988

For assured tenancies, the Housing Act 1988 provides guidance on succession claims. It is crucial for claimants to familiarize themselves with the relevant laws to strengthen their case.

Practical Solutions and Recommendations

If you find yourself facing a potential refusal of a succession claim, consider the following steps:

1. Gather Evidence

To support your claim, gather all relevant documents, including:

• Proof of relationship to the deceased (e.g., birth or marriage certificates)
• Evidence of residency (e.g., utility bills, tenancy agreements)
• Any correspondence with the landlord regarding the tenancy

2. Seek Legal Advice

Navigating the complexities of succession claims can be challenging. Seeking legal advice can provide clarity and guidance on your rights and options. Contend is here to help you understand the legal aspects of your claim and provide assistance tailored to your situation.

3. Communicate with the Landlord

Before pursuing formal action, consider discussing your claim with the landlord. Open communication may resolve misunderstandings or provide additional context regarding your eligibility.

4. Appeal the Decision

If your succession claim is denied, you may have the right to appeal the landlord’s decision. Familiarize yourself with the appeals process and seek legal guidance to ensure you follow the correct procedures.

How Contend Can Help

At Contend, we understand that navigating the legal landscape surrounding succession claims can be overwhelming. Our AI legal experts are here to provide you with clear, personalized legal guidance tailored to your situation.

Whether you need assistance gathering evidence, understanding your rights, or appealing a decision, Contend is your trusted partner in navigating the complexities of succession claims. Our AI technology allows you to chat with a legal expert and receive immediate answers to your questions—empowering you to take action.

Chat with Contend Today

If you’re facing challenges with a succession claim or simply want to understand your rights better, don’t hesitate to reach out. Chat with Contend’s legal expert today and get the guidance you need to navigate your legal journey with confidence.

For more info, check out some of our related articles:

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• Tenancy Solicitor: Resolve Repair Disputes with Landlords
• Refused Tenancy Succession? Know Your Rights in the UK
• Facing Eviction? Expert Legal Tips to Fight a Denied Succession Claim
• UK Tenant Rights: Is Withholding Rent Legal? Expert Advice