Succession (section 23)

Introductory tenants

23.1.  If you are an Introductory tenant on your death and someone is entitled to succeed to the tenancy, that person will also be an Introductory tenant.

23.2.  If someone succeeds to your Introductory tenancy and that tenancy later becomes a Secure tenancy, there will be no succession rights to that Secure tenancy.

Secure tenants – for tenancies that began before 1st April 2012

23.3.  If you are a Secure tenant on your death and someone is entitled to succeed to the tenancy, that person will also be a Secure tenant.

23.4.  If you are a Secure tenant, the following categories of people can succeed in the following circumstances:

a)       Your spouse or civil partner – as long as they were occupying your home as their only or principal home at the time of your death
b)       A member of your family (which includes cohabitees) – as long as they were occupying your home as their only or principal home at the time of your death and had resided with you for a period of at least 12 months ending with your death

23.5.  If, at the time of your death, there is both a spouse or civil partner and a member of your family who are entitled to succeed to the tenancy, your spouse or civil partner will be the one who can succeed.

23.6.  If, at the time of your death, there are two or more family members who can succeed and there is not a spouse or civil partner who also can succeed, those family members can agree between themselves which one of them can succeed. In the event of a disagreement between them, the Council will decide.

23.7.  On the death of a Joint secure tenant, the surviving Joint secure tenant will become the Sole secure tenant through survivorship. This will be classed as a succession.

Secure tenants – for tenancies that began on or after 1st April 2012

23.8.  If you are a Secure tenant on your death and someone is entitled to succeed to the tenancy, that person will also be a Secure tenant.

23.9.  If you are a Secure tenant, only your spouse, civil partner or cohabitee can succeed to the tenancy as long as they were occupying the property as their only or principal home at the time of your death

23.10. On the death of a Joint secure tenant, the surviving Joint secure tenant will become the Sole secure tenant through survivorship. This will be classed as a succession.

General

23.11. There can only be one succession to an Introductory and/or Secure tenancy.

23.12. In respect of both Introductory and Secure tenancies, if a member of your family (including a cohabitee) succeeds to the tenancy on your death and the property is larger than they reasonably require, they will have to move to alternative accommodation which is of a size that they reasonably require. If they refuse and/or fail to do so, the Council can take legal action against them. This does not apply to succession by a spouse or civil partner.