What is Tenancy Succession?
Tenancy succession is the legal process that allows someone to take over a rental agreement when the original tenant dies or leaves the property. Its main purpose is to protect close family members or partners from losing their home unexpectedly. Succession rights ensure that certain people can stay in the property and become the new tenant, rather than facing eviction or having to move out suddenly.
Succession usually applies when the named tenant on the agreement passes away. In some cases, it can also apply if the tenant moves out permanently. The right to succeed a tenancy depends on the type of tenancy you have and your relationship to the original tenant. For example, council and housing association tenancies often have specific rules about who can inherit the tenancy, while private tenancies may be more limited.
The law sets out who has the right to succeed and how many times a tenancy can be passed on. These rules are part of the wider legal framework that governs renting in the UK. Understanding tenancy succession is important for anyone living in rented accommodation, as it helps clarify what happens if the main tenant is no longer able to stay in the home. If you want to understand more about how tenancy succession fits into the bigger picture, you can read our guide on Renting Law in the UK: A Legal Overview.
Succession is just one situation where changes in tenancy can occur. For example, you might also want to know what happens to your tenancy if your landlord dies, as this can affect your rights as a tenant in different ways.
Who Can Inherit a Tenancy?
When someone who rents a home passes away or leaves, certain people may have the right to take over the tenancy. This is known as "succession." The rules about who can inherit a tenancy depend on both the law and the type of tenancy agreement in place.
Under common law and most housing association rules, the most common eligible successors are spouses, civil partners, or long-term partners who lived in the home at the time of the tenant’s death. Close family members – such as children, parents, or siblings – may also have succession rights if they lived with the tenant for a set period, usually at least one year before the tenant passed away.
The type of tenancy makes a big difference. For example, secure tenancies (often with local councils) and assured tenancies (usually with housing associations) have different rules about who can succeed and how many times succession can happen. You can learn more about how tenancy types affect your rights in our guide to Types of Tenancies: Legal Overview for Renters and Landlords in the UK.
Tenancy agreements may also include specific terms about succession. Some agreements expand or restrict who can inherit the tenancy, so it’s important to check the contract. For a deeper understanding of how agreements shape your rights, see Tenancy Agreements: Legal Overview for Renters and Landlords.
The law that covers many social housing tenancies is set out in Housing Act 1985, Section 87, which explains who can succeed a secure tenancy.
It’s also worth noting that if your landlord dies, your rights as a tenant may change. Find out more in our section on Your Rights as a Tenant After the Landlord’s Death.
How to Apply for Tenancy Succession
Applying for tenancy succession usually starts with notifying your landlord or housing provider as soon as possible. This is especially important after the original tenant has passed away or moved out. You should write to them formally, stating your relationship to the tenant and your wish to succeed the tenancy.
You will need to provide certain documents as part of your application. Commonly required items include a copy of the tenant’s death certificate (if applicable), proof of your relationship to the tenant (such as a marriage or civil partnership certificate), and evidence that you lived at the property as your main home. Your landlord may ask for additional information, so check their specific requirements.
There are strict time limits for applying. In most cases, you must notify the landlord within one month of the tenant’s death or departure. Missing this deadline can affect your right to succeed the tenancy, so act quickly.
Once you apply, the landlord or housing provider will review your documents and decide if you meet the legal criteria for succession. They may contact you for more information or to arrange a meeting. The process can take several weeks. If you are unsure about any part of the process, your local council may offer helpful guidance – see, for example, Islington Council’s tenancy succession advice.
If you are facing a change in your landlord’s situation, it’s also helpful to understand your rights as a tenant after the landlord’s death. This can give you a broader view of your options and protections.
What Happens If Your Succession Is Refused
If your application to succeed a tenancy is refused, it can be a stressful and uncertain time. Common reasons for refusal include not meeting the legal criteria, such as not being a close family member, not living in the property for the required period, or if the tenancy has already been succeeded in the past. Sometimes, landlords may also refuse succession if the home is larger than you need.
If your succession is denied, you still have rights and options. You may be able to challenge the decision, appeal the refusal, or ask for a review. It’s important to act quickly and understand the steps you can take. For a step-by-step guide on what to do next, see our detailed advice on What to Do If Your Tenancy Succession Is Refused.
You might also want to learn about your rights if the situation involves your landlord’s death, which can affect the tenancy in different ways. For more, read Your Rights as a Tenant After the Landlord’s Death.
If you are in a council or housing association property, you can find further support and guidance on succession rights and what to do if your application is refused from Shelter England. This resource covers your legal protections and practical next steps.
Alternatives and Related Considerations
If you are not eligible to inherit a tenancy, there are still important steps to consider. You may need to find a new place to live. In this case, understanding the process of applying to rent a new property can help you secure alternative accommodation.
If you cannot succeed the tenancy, it is crucial to end the tenancy properly to avoid legal or financial problems. Make sure you follow the correct notice procedures and communicate with the landlord.
Sometimes, disputes can arise during the succession process. These may lead to the risk of eviction. To protect your rights, learn more about eviction law and tenant protections in the UK.
The terms of the original rental agreement can also affect your rights. Rental conditions such as who is named on the tenancy and any special clauses may influence whether you can stay in the property.
Paying rent on time remains important during any succession process. If you continue to live in the home, you are usually responsible for ongoing payments. For more on your responsibilities, see our guide to rent payments and legal obligations.
You should also check what happens to the rental deposit if the tenancy changes hands. Find out about your rights and how to get your money back in our section on rental deposits.
If you are worried about affording the rent after succession, you might be eligible for financial help. Learn more about housing benefit eligibility and how to apply.
Finally, if your situation involves the landlord passing away rather than the tenant, the rules may differ. Read about your rights as a tenant after the landlord’s death to understand how the law applies.
Additional Information and Resources
Understanding your rights as a tenant is key when dealing with tenancy succession. If you’re unsure what protections you have, our Tenant Rights in the UK: Legal Overview offers a helpful starting point. It explains the fundamental rights that may affect your ability to inherit or continue a tenancy.
Sometimes, it’s not just the tenant’s situation that changes – landlords can also pass away. If this happens, the tenancy does not automatically end. Learn more about your position by reading What Happens to Your Tenancy If Your Landlord Dies? This guide covers what to expect and how your rights are protected in such cases.
Inheritance rules are also important. If a tenant dies without leaving a will, the law decides who inherits their assets and sometimes their tenancy. For more on this, see Who Inherits If You Die Without a Will? UK Intestacy Rules, which explains how intestacy can affect who is eligible to take over a rental home.
If you are not eligible to succeed the tenancy, your local council may have a duty to help you find a new place to live. Find out when this applies and what support you can expect in When the Council Must Rehouse You: Your Housing Rights. For more detailed guidance, the Social housing allocations guidance – GOV.UK sets out the legal framework councils follow when rehousing tenants.
Tenancy changes can sometimes lead to disagreements with neighbours, especially if there are questions about who should remain in the property. If you’re facing difficulties, our Neighbour Disputes: Legal Overview and Guide provides practical advice on resolving issues amicably and legally.
For further details about your rights after a landlord’s death, including what steps to take, visit the section on Your Rights as a Tenant After the Landlord’s Death.
If you need more help understanding your options or next steps, Contend’s AI Legal Assistant can support you. Get clear, personalised answers to your questions about tenancy succession, guidance on whether you can inherit a tenancy, or help drafting letters to your landlord or council. With Contend, you can feel confident navigating tenancy changes and protecting your rights.
