What is Tenancy Succession?
Tenancy succession is the legal process that allows someone to take over a tenancy when the original tenant dies or, in some cases, leaves the property permanently. This means that the new person – often a close family member or partner – can continue living in the home under the same tenancy agreement, with the same rights and responsibilities as the previous tenant.
Understanding tenancy succession is important for tenants and their families because it can provide stability and security at a difficult time. Without the right to succeed a tenancy, family members may risk losing their home after the tenant passes away. Knowing your rights can help you plan ahead and avoid unexpected eviction or homelessness.
The rules around tenancy succession are set out in UK renting law, with specific protections for those living in social housing. The main legal basis for succession in council and housing association tenancies is found in the Housing Act 1985, Section 87, which outlines who can inherit a secure tenancy and under what circumstances. While the law is clearest for social housing, some private tenancies may also allow for succession, depending on the tenancy agreement and the type of tenancy held.
Tenancy succession is just one part of the wider topic of renting in the UK. It is particularly relevant for those living in council or housing association homes, but it can also apply in other situations, such as some regulated or assured tenancies in the private sector.
Eligibility to succeed a tenancy usually depends on your relationship to the original tenant and how long you have lived in the property. Commonly, spouses, civil partners, or family members who have lived with the tenant for at least 12 months before their death may have the right to succeed. However, the exact rules can vary depending on the type of tenancy and the landlord’s policies.
If you are unsure whether you can succeed a tenancy, it’s important to check your tenancy agreement and seek advice as soon as possible. Understanding your rights early can help protect your home and provide peace of mind for you and your family.
Who Can Inherit a Tenancy?
When a tenant passes away or leaves their home, certain people may have the legal right to take over, or “succeed to,” the tenancy. This process is called tenancy succession. The rules about who can inherit a tenancy depend on the type of tenancy and whether the property is social housing or privately rented.
The law sets out who can inherit a tenancy, with the most common eligible successors being:
Spouses or civil partners: If you were married to or in a civil partnership with the tenant at the time of their death and living in the property as your main home, you are usually first in line to succeed the tenancy.
Unmarried partners: Long-term partners who lived with the tenant as if they were married or in a civil partnership may also qualify, especially in social housing, but this depends on the tenancy agreement and local council policy.
Family members: In many cases, close family members such as children, parents, siblings, or sometimes even grandchildren or step-relatives who lived with the tenant for at least 12 months before their death may be eligible. The exact relationships covered can vary, so check your tenancy agreement or seek legal advice.
If more than one person is eligible to succeed the tenancy, there is usually a set order of priority:
Spouse or civil partner – They have the highest priority.
Other qualifying family members or partners – If there is no spouse or civil partner, another eligible family member may be able to succeed.
Only one succession is generally allowed by law, meaning the tenancy can usually be passed on once. If the tenancy has already been succeeded in the past, further succession is rarely permitted.
The rules for succession differ significantly between social housing and private rented tenancies:
Social housing (council or housing association homes): Succession rights are protected under the Housing Act 1985 and the Housing Act 1988. Secure and assured tenants have specific rights, and landlords must follow legal procedures. Succession is typically allowed once, but some modern tenancy agreements may allow more flexibility or impose stricter limits.
Private rented tenancies: Most private tenants do not have a legal right to succession unless it is specifically written into the tenancy agreement. If you are a private tenant, it is important to check your contract or speak to your landlord about what happens if the tenant dies.
Succession may be denied in certain situations, such as:
The tenancy has already been succeeded once before.
The person applying to succeed does not meet the eligibility criteria (e.g., did not live in the property for the required period).
The tenancy agreement contains clauses restricting or excluding succession rights.
The tenancy is a type that does not allow for succession, such as some fixed-term or introductory tenancies.
To inherit a tenancy, you will need to provide evidence of your relationship to the tenant and proof that you lived in the property as your main home. This may include:
Marriage or civil partnership certificates
Proof of residence (such as utility bills, council tax statements, or official correspondence)
Evidence of the length of time you lived at the property
Your landlord or local council will review this evidence before approving the succession. Understanding your tenant rights can help you navigate this process and ensure you are treated fairly.
If you are unsure about your eligibility or what documents you need, it is a good idea to seek advice from your local council, a housing adviser, or a solicitor.
Types of Tenancies and Their Impact on Succession
Understanding the type of tenancy you have is crucial when it comes to tenancy succession in the UK. Different tenancy types come with distinct rules about who can inherit a tenancy and under what circumstances. Knowing your tenancy type will help you determine your rights and the steps to take if you wish to succeed a tenancy after the original tenant leaves or passes away.
There are several main types of tenancies in the UK, each with its own legal framework:
Secure Tenancies: Usually granted by local authorities (councils), secure tenancies offer strong succession rights. They are governed by the Housing Act 1985.
Assured Tenancies: Typically provided by housing associations, these tenancies are governed by the Housing Act 1988. They offer some succession rights, but these can be more limited than those for secure tenancies.
Assured Shorthold Tenancies (ASTs): The most common type of private tenancy, especially in the private rented sector. ASTs have limited or no statutory succession rights.
The right to succeed a tenancy largely depends on the type of agreement in place:
Secure Tenancies: If you are a spouse, civil partner, or, in some cases, another close family member living with the tenant for at least 12 months before their death, you may have the right to succeed the tenancy. Generally, only one succession is allowed by law.
Assured Tenancies: Succession rights are generally limited to spouses or civil partners, although some housing associations may allow other family members to succeed if their tenancy agreement permits it.
Assured Shorthold Tenancies: There is usually no automatic right of succession under the law. Any rights to take over the tenancy would depend on the terms of the tenancy agreement itself.
More Likely: If the tenancy is a secure council tenancy and you are the tenant’s spouse or civil partner living in the property, you are very likely to have a right to succeed.
Less Likely: If the tenancy is an assured shorthold tenancy in the private sector and you are not mentioned in the agreement, you are unlikely to have any legal right to succeed.
Before taking any steps towards succession, it’s important to identify what type of tenancy you have. This will determine your legal rights, the process you need to follow, and what evidence you might need to provide. If you’re unsure, check your tenancy agreement or contact your landlord or local authority for clarification.
Understanding your tenancy type can also help you explore your options, such as negotiating with your landlord or seeking alternative housing if succession is not possible. For more information on the different types of tenancies and how they affect your rights, see our detailed guide.
The Legal Rules Governing Tenancy Succession
Tenancy succession is governed by a set of legal rules that determine who can take over a tenancy when the original tenant dies or leaves. These rules are especially important in social housing, but they can also apply to some private tenancies. Understanding these regulations can help tenants and their families know what to expect and what steps to take if succession becomes necessary.
Succession rights are primarily set out in legislation such as the Housing Act 1988, Section 17 for England and Wales, and similar laws apply in Scotland and Northern Ireland with some variations. These laws specify who is eligible to inherit a tenancy, usually limiting succession to close family members, such as a spouse, civil partner, or, in some cases, another family member who has lived with the tenant for a certain period.
For most council and housing association tenancies, only one succession is allowed by law. This means that if the tenancy has already been succeeded once in the past, it cannot usually be passed on again. Private tenancies may have different rules, often set out in the tenancy agreement, so it’s important to check the specific terms.
Social housing tenants typically have stronger succession rights compared to those in the private sector. If the tenancy is a secure or assured tenancy, the law provides clear guidelines on who can succeed. For example, a spouse or civil partner living in the property as their only or main home at the time of the tenant’s death will generally have the right to succeed. Other family members, such as children or siblings, may also have rights if they have been living in the property for at least 12 months before the tenant’s death.
These rights are designed to protect families from losing their homes after the death of a loved one. However, the rules can be complex, and eligibility often depends on the type of tenancy and the relationship to the original tenant. For more on your legal protections as a tenant, see our guide to tenant rights.
A crucial aspect of tenancy succession law is the restriction on how many times a tenancy can be passed on. Generally, only one statutory succession is allowed. If the original tenant was themselves a successor (meaning they inherited the tenancy), the tenancy cannot usually be succeeded again. This rule is intended to prevent tenancies from being passed down indefinitely.
Some landlords, especially in social housing, may allow further successions at their discretion, but this is not a legal requirement and will depend on the landlord’s own policies. Always check your tenancy agreement and consult your landlord for clarification.
If no one is eligible to succeed the tenancy under the law, the tenancy will usually end. The landlord will regain possession of the property and may begin the process of repossession. In such cases, any remaining occupants will be required to leave, although some landlords may consider offering a new tenancy to a family member at their discretion.
It’s important to act quickly if you think you may have a right to succeed a tenancy. Notify the landlord as soon as possible after the tenant’s death or departure, and provide any required evidence of your relationship and residency.
For a full understanding of the legal framework, you can read the Housing Act 1988, Section 17, which outlines the statutory rules in detail.
If you are unsure about your rights or next steps, seeking advice from a housing adviser or legal professional can help you navigate the process and protect your home.
How to Take Over a Tenancy (Succession Process)
If a tenant passes away or leaves, you may have the right to take over their tenancy – this is known as “succession.” The process can feel overwhelming, but following these steps will help you understand your rights and what to do next.
First, you’ll need to determine if you’re legally allowed to succeed the tenancy. Generally, succession rights depend on:
The type of tenancy (e.g., council, housing association, or private).
Your relationship to the tenant (spouse, civil partner, or sometimes another family member).
Whether the tenancy has already been succeeded before (most tenancies only allow one succession).
For council and housing association tenancies, the Housing Act 1985 and the Housing Act 1988 set out these rules. Most secure and assured tenancies allow a spouse, civil partner, or (in some cases) another family member who lived with the tenant for at least 12 months to succeed.
Before taking further steps, look carefully at the tenancy agreements involved. Some agreements may contain specific clauses about who can inherit the tenancy and under what circumstances. Understanding these terms can clarify your position and help you prepare the right documents.
As soon as possible, inform the landlord or housing provider of the tenant’s death or departure, and your wish to succeed the tenancy. Do this in writing (by email or letter), including:
Your full name and contact details
Details of the deceased or departing tenant
Your relationship to the tenant
How long you have lived in the property
Prompt notification is important, as some landlords have strict timeframes for succession claims.
You will usually need to provide evidence to support your succession claim, such as:
A copy of the tenant’s death certificate (if applicable)
Proof of your relationship to the tenant (e.g., marriage or civil partnership certificate, birth certificate)
Proof of residence (e.g., utility bills, council tax statements, or bank statements showing your address for at least 12 months prior)
The original tenancy agreement, if available
Check with your landlord or housing provider for any additional requirements.
Once you’ve submitted your request and documents, the landlord or housing provider will review your eligibility. They may:
Ask for further evidence
Arrange an interview or home visit
Take legal advice or consult their policies
For council and housing association tenancies, this process is usually guided by statutory rules and the landlord’s own policies. For private tenancies, the landlord has more discretion and may require you to apply for a new tenancy instead.
The time it takes to confirm succession can vary. Landlords typically respond within a few weeks, but complex cases may take longer. If you haven’t heard back after a reasonable period (usually 4–6 weeks), follow up in writing.
If your claim is approved, you’ll either become the new tenant under the existing terms or be offered a new tenancy. If your claim is refused, you should receive a written explanation and information about your rights to appeal or seek advice.
While your succession claim is being considered, you have a right to remain in the property. However, you must continue to pay rent and comply with the tenancy terms. If you stop paying rent, you risk losing your right to succeed.
If you’re not eligible to succeed, you may need to submit a rental application for the property or look for alternative housing. Seek advice as soon as possible if you’re unsure about your status or face eviction.
Taking over a tenancy can be complex, but understanding the process and your rights will help you navigate this difficult time. If you need further assistance, consider seeking advice from your local council, Citizens Advice, or a housing solicitor.
Rights and Responsibilities After Succession
When you succeed to a tenancy, you step into the legal position of the previous tenant. This means you inherit both their rights and their responsibilities under the tenancy agreement. Understanding what this involves is crucial to maintaining your home and avoiding disputes.
After succession, you become the tenant in the eyes of the law. The terms of the original tenancy agreement – such as the length of the tenancy, permitted use of the property, and any special clauses – continue to apply. You are legally bound by the same obligations as the former tenant, whether you are a family member, spouse, or civil partner.
If you are unsure about what your agreement covers, it’s a good idea to review the document carefully. For more detail on what your obligations might include, see our guide to rental conditions.
One of your primary responsibilities is to ensure that rent is paid on time and in full. Missing payments can lead to arrears and, in serious cases, eviction. Set up a standing order or direct debit if possible, and inform your landlord or housing association of the change in tenancy.
If you have questions about making payments or what to do if you’re struggling financially, our section on paying rent offers helpful advice.
When a tenancy is succeeded, the handling of rental deposits depends on the specific circumstances. In most cases, the deposit paid by the original tenant will continue to protect the tenancy, and you will take over their position regarding the deposit. However, if a new tenancy agreement is created, the landlord may ask for a new deposit. Always check that any deposit is held in a government-approved tenancy deposit protection scheme, as required by law.
As the new tenant, you are responsible for keeping the property in good condition. This includes basic upkeep, such as cleaning and minor repairs, as well as reporting any more serious maintenance issues to your landlord promptly. Landlords are legally obliged to carry out certain repairs, such as fixing heating, plumbing, and structural problems.
If you encounter difficulties getting repairs addressed, or if you’re unsure what to do next, read our guide on how to complain or escalate repairs issues.
Problems can sometimes arise after succession – whether it’s disputes over rent, disagreements about repairs, or questions about your rights. If you find yourself in conflict with your landlord, try to resolve issues in writing and keep records of all communication. If the situation doesn’t improve, you may wish to seek advice from a local advice centre, Citizens Advice, or a solicitor specialising in housing law.
Succession can be a complex process, but understanding your rights and responsibilities will help you protect your home and avoid common pitfalls. If you need further information, explore our related guides or contact a housing adviser for tailored support.
What Happens if Succession is Denied or Disputed?
When a landlord denies a request for tenancy succession, it can be a stressful and confusing time for those involved. Understanding why succession might be refused, what rights you have, and the steps you can take can help you respond effectively.
Landlords may refuse succession for several reasons, including:
No legal right to succeed: Only certain family members or partners are eligible to inherit a tenancy, and the rules vary depending on the type of tenancy (such as secure, assured, or assured shorthold). For example, under the Housing Act 1985, Section 88, succession may be refused if the applicant is not a spouse, civil partner, or a qualifying family member who lived with the tenant for at least 12 months before their death.
Previous succession has already occurred: Most council and housing association tenancies allow only one succession. If the tenancy has already been succeeded once, further succession is usually not permitted.
No evidence of residency: Landlords may ask for proof that you lived with the tenant as your main home for the required period.
Breach of tenancy conditions: If there have been serious breaches of tenancy, such as rent arrears or anti-social behaviour, the landlord might use this as grounds to refuse succession.
If a landlord refuses your request to take over a tenancy, they must give you a clear explanation in writing. You have the right to ask for a review of their decision and to see any evidence they have relied on.
It’s important to check the terms of the tenancy agreement and the specific rules that apply to your situation. For council and housing association tenants, the law is set out in the Housing Act 1985, Section 88, which details who qualifies as a successor and under what circumstances.
If you believe the landlord’s decision is wrong, you can:
Request a formal review: Most social landlords have a process for appealing decisions. Submit your appeal in writing and provide any supporting evidence, such as proof of residency or your relationship to the tenant.
Seek legal advice: A housing adviser or solicitor can help you understand your rights and represent you if needed.
Contact your local council: They may offer mediation or other support services to help resolve the dispute.
If succession is denied and you remain in the property, the landlord may begin eviction proceedings. If this happens:
Do not ignore eviction notices. Respond promptly and seek advice as soon as possible.
Attend all court hearings. You may have the chance to present your case to a judge.
Look for alternative housing options. If eviction is unavoidable, your local council may be able to help with rehousing or emergency accommodation.
Facing a denied or disputed succession can be overwhelming, but help is available. Consider contacting:
Citizens Advice: For free, confidential advice on your rights and next steps.
Shelter: For specialist housing advice and support with appeals or disputes.
Local council housing teams: For assistance with reviews, mediation, or alternative accommodation.
For more information about the legal framework, you can read Housing Act 1985, Section 88, which sets out the rules for tenancy succession and the circumstances in which it can be denied.
Understanding your rights and acting quickly can make a significant difference if you are facing a denied or disputed tenancy succession. If you need further guidance on related issues such as eviction, there are resources and support available to help you navigate the process.
Succession and Ending a Tenancy
When a tenant passes away or leaves their home, the question of who can take over the tenancy – known as tenancy succession – often arises. Succession is closely linked to ending the original tenancy, as the legal rights and responsibilities can change hands or, in some cases, the tenancy may come to an end altogether.
If a tenancy is succeeded, the successor – usually a close family member or partner – steps into the shoes of the original tenant. This means they inherit the same type of tenancy, whether it’s a secure, assured, or assured shorthold tenancy. The rules about who can succeed and under what circumstances are set out in laws such as the Housing Act 1985 (for council tenancies) and the Housing Act 1988 (for most private tenancies).
Once succession occurs, the tenancy does not start afresh; it continues under the same terms and conditions. The successor takes on all the rights, but also the obligations – such as paying rent, maintaining the property, and following any rules in the tenancy agreement.
Sometimes, the person who inherits the tenancy may not want to stay in the property. In this case, the successor has the legal right to end the tenancy, but they must follow the correct process. Usually, this involves giving the landlord proper notice in writing. The notice period required will depend on the type of tenancy:
For periodic tenancies (rolling week-to-week or month-to-month), at least four weeks’ notice is typically required.
For fixed-term tenancies, the successor may need to wait until the end of the fixed term unless there is a break clause.
It’s important to check the tenancy agreement and consult with the landlord if unsure. Failing to give proper notice can result in ongoing liability for rent, even after moving out.
For more detailed guidance on the process, see our section on ending your tenancy.
When a tenancy is succeeded, the new tenant must meet all the legal obligations of the original agreement. This includes paying any outstanding rent, looking after the property, and notifying the landlord of their intention to end the tenancy if they choose not to stay.
The notice periods remain the same as they were for the original tenant. For example, if the tenancy was a secure council tenancy, the successor must give at least four weeks’ written notice. Private tenants with assured or assured shorthold tenancies should check their agreement for specific terms.
Check your eligibility for succession before taking any steps. Not everyone is entitled to succeed a tenancy.
Notify the landlord as soon as possible after the original tenant’s death or departure to avoid confusion or rent arrears.
Keep written records of any communication with the landlord, especially if you intend to end the tenancy.
Seek advice if you are unsure about your rights or obligations – housing charities and local councils can offer support.
Understanding how succession works and how it interacts with ending a tenancy ensures you stay on the right side of the law and avoid unexpected costs or legal issues.
Additional Support and Resources
After taking over a tenancy through succession, you may need extra support to help you settle into your new situation. Here are some key resources and advice to guide you through the process and ensure you’re aware of your rights and options.
If you’re struggling to manage rent payments or need help with housing costs after succession, you may be eligible for housing assistance. Local councils offer support to those facing financial hardship, including discretionary housing payments and advice on managing rent arrears. It’s important to contact your local authority as soon as possible to discuss your options, as they can assess your eligibility and help you apply for available schemes.
Taking over a tenancy can sometimes mean a change in your financial circumstances. If you’re on a low income, claiming Housing Benefit can help cover your rent. Universal Credit may also be available, depending on your age and situation. Be sure to notify the Department for Work and Pensions (DWP) or your local council about any changes in your tenancy, as this could affect your benefits. Remember, if you have recently succeeded a tenancy, you may need to provide evidence of your new status, such as a letter from your landlord or a copy of the updated tenancy agreement.
Succession issues can sometimes arise alongside questions about home ownership, especially after a relationship breakdown or divorce. It’s important to understand the difference between inheriting a tenancy and owning a property. For example, if you and your partner lived together but only one of you was the tenant, you may have rights to succeed the tenancy, but this does not grant ownership of the property. Legal rules, such as the Family Law Act 1996, may provide additional protections or options for former partners and dependants. If you’re unsure about your rights, seek specialist legal advice.
Navigating tenancy succession can be complex, especially if there are disputes or if you’re unsure about your eligibility. Free and confidential advice is available from organisations such as Citizens Advice, Shelter, and local law centres. They can help you understand your rights under the Housing Act 1985 (for council tenancies) or the Housing Act 1988 (for assured tenancies), and guide you through any appeals or negotiations with your landlord.
Understanding your new responsibilities as a tenant is crucial. Make sure you know what should be in a tenancy agreement, including terms about rent, repairs, and your rights to remain in the property. Reviewing your agreement carefully can help you avoid misunderstandings and ensure you’re fully protected.
If you have more questions or need tailored support, don’t hesitate to reach out to tenant support services in your area. Taking these steps early on can help you feel more secure and confident in your new tenancy.
