Your guide to
Tenancy Succession
for Council
tenants and
their families
RESIDENT
CHECKED AND
APPROVED
Sutton Housing Partnership
understands that the sad loss of
a family member is a distressing
time, and we will be sensitive and
sympathetic in our approach in
dealing with your case.
This leaflet explains what happens
to the tenancy when someone dies,
what succession is and who is eligible
to take on the tenancy.
What is tenancy
succession?
When can a tenancy
succession take place?
When a tenant dies, the rented
property will usually need to be
returned to the landlord. However,
under certain circumstances, a family
member may be able to take over
‘succeed to’ the tenancy.
A succession may take place where the
original tenant has died and there is an
eligible person living at the property.
This leaflet explains the process that
SHP follows, when dealing with a
request to succeed a tenancy on a
‘secured Tenancy Agreement’ which
is the agreement the majority of our
customers have.
Only one succession is allowed, so
if the tenancy has been succeeded
already, anyone living at the
property will have to find alternative
accommodation.
Other types of tenancy agreements
have different rules, so please contact
your Neighbourhood Manager and
they will be happy to advise in these
circumstances.
2
3
Who can succeed to a tenancy?
Where the original tenancy was
granted in joint names, if one of
the joint tenants dies, the tenancy
is automatically transferred to the
survivor. This ‘uses up’ the right of
succession.
A husband, wife, civil partner,
or someone living as spouse or
partner, is eligible to succeed to a
tenancy, providing the property was
their home at the time of the tenant’s
death. Spouses and partners will be
given priority over any other family
members, who might be able to take
over the tenancy.
4
Applying for tenancy succession
Other family members may be
eligible to succeed, but only if the
original tenancy started before April
2012 and may have to move to another
property. For tenancies that started on
or after April 2012, only spouses and
partners can succeed.
If you believe that you might you might be
eligible for succession, you should contact
your Neighbourhood Manager, via our
Customer Care Team on 020 8915 2000.
We will arrange an appointment for
you to meet with your Neighbourhood
Manager.
You will need to make a request for
succession, telling us how long you have
lived at the property, your relationship
to the deceased tenant, and any other
persons living at the property. Please
also tell us if there are any special
circumstances such as health issues.
Only one person can succeed to a
tenancy. If more than one person is
eligible to succeed, a spouse or civil
partner will be given priority. If there
is not a spouse or partner, but more
than one eligible family member, they
may choose amongst themselves who
will succeed. If they fail to agree the
landlord may decide.
If SHP had not previously been notified
of the tenant’s death, we will require a
certified copy of the death certificate and
contact details for the executor of the
estate, if someone has been appointed.
You will also need to provide evidence
that you have been living at the
property as your only or principle home
continuously for the year up to the time
that the tenant died.
5
If I can succeed to a tenancy, will you ask me to move?
If you have succeeded to a tenancy, we
may ask you to move if the property:
n Is larger than you reasonable need
and you have succeeded as a family
member (i.e. not a joint tenant,
spouse or partner)
or
n Has been provided for or adapted
for, an elderly or disabled person and
the adaptations are not needed.
6
Where a successor is required to
move, they will be asked to complete
an application form so their preferences
can be taken into account when
allocating a property.
We understand that this can be
a distressing time, so we will not
normally make an offer of alternative
housing until three months after the
death of the tenant, unless you tell us
you would like to move sooner.
What will happen if a tenancy succession is refused?
Where no one is eligible for succession,
the tenancy comes to an end. Anyone
who is living at the property will need
to find alternative housing.
The Housing Centre at Sutton Council
can provide advice and assistance in
finding housing, and further information
is available at sutton.gov.uk.
Sutton Housing Partnership is very
aware that moving home can be a
stressful experience, and we will
allow reasonable time for remaining
occupants to vacate the property.
An occupation charge (a charge
equivalent to the rent) will still need to
be paid by the person(s) living there.
A legal notice (a ‘Notice to Quit’) will
be served to end the tenancy of the
deceased person, and Sutton Housing
Partnership reserves the right to take
legal action to repossess the property,
if there is an unreasonable delay in
returning the keys to the property
or moving to reasonable alternative
accommodation.
7
If you, or someone you know needs a translation of any part
of this publication, contact us on 020 8915 2000
Arabic
French
Spanish
Tamil
Turkish
Many publications can be downloaded directly from our website,
please visit suttonhousingpartnership.org.uk.
Click on the ‘Browse Aloud’ button or text size button if you have a
visual impairment.
If you need this document in large print, Braille or on audio CD please
contact us on 020 8915 2000.
SHP’s Customer Care Team: 020 8915 2000
Out of hours emergencies: 020 8770 5000
Website: suttonhousingpartnership.org.uk
Email: customercare@suttonhousingpartnership.org.uk
This publication was produced in-house by the Communications team
at Sutton Housing Partnership. © Sutton Housing Partnership 2014
6