Council Tenancy Succession: Your Rights and Options

Inheriting a council tenancy can be a vital lifeline for families and loved ones when the primary tenant passes away. However, the process is not always straightforward. Below we provide information about council tenancy succession, who can inherit, and the steps involved.

Can You Inherit a Council Tenancy?

You can sometimes inherit a council tenancy from a partner or close relative with whom you have lived. The type of tenancy, joint or sole, dictates how the succession works.

Joint Tenancies

In joint tenancies, the tenancy typically passes automatically to the other tenant named on the agreement. It is essential to maintain residence in the property to keep the tenancy. If you are not residing in the property when the other tenant passes away, you may need to move back to retain the tenancy.

Sole Tenancy (One Person Named on the Agreement)

Most council tenancies can be passed on once when the tenant dies, usually to a partner or sometimes to a close family member. The tenancy must be your primary residence when your partner or relative passes away.

Passing on a Tenancy More Than Once

Generally, most council tenancies can only be passed on once. However, some exceptions exist. In cases where a joint tenancy became a sole tenancy after one tenant's death, you may still inherit the tenancy or potentially acquire a new tenancy if it aligns with the agreement or council's succession policy.

Married or Civil Partners

Married or civil partners must establish that the property was their home when their partner passed away. The council may request the surviving spouse to complete forms and provide documentation such as marriage or civil partnership certificates and evidence of the property as their home.

Unmarried Partners

The rights of unmarried partners depend on when the tenancy started. Different rules apply to tenancies initiated on or after 1 April 2012 and those that began before this date.

Close Relatives

Inheriting a tenancy is possible if you live with a close family member, such as a parent, grandparent, aunt, uncle, sibling, or step-relative. However, the tenant's partner may inherit the tenancy instead if it was their primary residence.

Showing Proof of Living Together

Proof of living together may be required, especially for close relatives and unmarried partners. Documents like bank statements, bills, or letters with the address can serve as evidence of cohabitation.

When More Than One Person Has Succession Rights

Priority usually goes to married or civil partners. Unmarried partners also take precedence if it is a secure tenancy that started on or after 1 April 2012.

If none of these situations apply, the family may decide who should inherit the tenancy.

Can You Be Asked to Move?

The council may offer a smaller property if the property that is to be passed under succession rights has more bedrooms than needed. Tenants who inherited their property typically have the choice to downsize, but they cannot be forced to move out.

If You Cannot Inherit the Tenancy

If no one can inherit the secure tenancy, the council may take steps to reclaim the property, especially if it has already been passed on once. Eviction will follow due process, and the court may be involved if you do not leave.

Understanding council tenancy succession is crucial for those who may need to inherit or pass on a council property. You can consult our expert housing lawyers to ensure a smooth transition and protect your housing rights.

Call us today on 0203 488 3078 or request a free call back.