Who can succeed to the tenancy?
Joint Tenants
When one joint tenant dies, the other tenant automatically becomes the sole tenant. This is known as survivorship and happens regardless of the tenancy type. Survivorship is not a statutory succession but counts as one when determining if there is a further right to succeed to a tenancy.
Spouse, Civil Partners, Cohabitees or Family members
Your rights depend on:
- your relationship to the late tenant
- the tenancy type
- when the tenancy started
Secure tenancy that began before 1 April 2012
The deceased tenant's spouse or civil partner could succeed to the tenancy if they occupied the property as their only or principal home at the time of the tenant's death.
Where there is no spouse or civil partner, a cohabitee, common law partner or member of the tenant's family could succeed if they occupied the property as their only or principal home at the time of the tenant's death or resided with the tenant for the 12 months before the tenant's death.
Secure tenancy that began on or after 1 April 2012
The deceased tenant's spouse, civil partner, cohabitee or common law partners could succeed if they occupied the property as their only or principal home at the time of the tenant's death.
Other family members do not have automatic statutory succession rights.
More than one person applying
If more than one family member has succession rights, you can decide as a family who should get the tenancy. If you cannot decide, the Council or a Court can choose.