Discretionary tenancy
If someone does not have the statutory right to take over the tenancy, the council may decide to award a discretionary tenancy. A discretionary tenancy is not a succession, it is the granting of a new tenancy.
There are certain criteria the applicant would need to meet for this to be granted and would need to in accordance with the Council’s Housing Allocations Policy and Tenancy Agreement.
Please be aware where no person has the statutory right to take over the tenancy, the Council will serve a Notice to Quit to end the deceased tenant’s tenancy.
What if the Council do not approve discretionary tenancy?
You will be asked to find alternative accommodation arrangements and vacate the late tenant’s property and return the keys.
You will be subject to a use and occupation charge until you vacate the property. If the person fails to move out, we may take legal action to regain possession of the property, and they will be liable to pay any court costs associated with this.