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Succession
You have the right, once you have died, to pass on your tenancy to a member of your family or partner (including a same sex partner). This is known as your right to succession.
To qualify for succession, applicants, must have lived in the property as their main home for a period of at least 12 months.
If we feel that the home is larger than is reasonably needed by the successor, we may within six to 12 months of the death, apply for possession. In these instances, we will offer the successor suitable alternative accommodation.
In some circumstances succession is restricted. These restrictions are as follows:
- The tenancy can only be passed on once. However, in certain exceptional circumstances we may extend this limit.
The main reason for not allowing a ‘second succession’ is where the home is felt by us to be too large. We would class too large as being two or more bedrooms more than is required by the successor.
We may also refuse a second succession where:
- The home is in an area of high demand from people with greater need.
- The successor had not continually lived in the house as their main home for a long period of time (for example 25 to 30 years).
- The home has adaptations for disabled or elderly people that do not reflect the successors needs.
- The successor has broken the rules of the tenancy agreement.
- If we feel that the home is larger than is reasonably needed by the successor, we may apply for possession. In these circumstances we will offer a suitable alternative. This restriction does not apply if the successor is the husband, wife or partner of the customer.
- If the home is adapted for an older or disabled person we may seek possession. In these circumstances we will offer the person succeeding the tenancy a home more suited to their needs.
- In situations where more than one family member are eligible for succession but cannot decide who should take over the tenancy, we may decide to offer a joint tenancy for two or more family members.
- If someone living in the home does not qualify for succession, we will ask them to complete a housing application form and consider them under that policy.
For further information on successions contact your estate officer.
