Succession

Upon the death of a tenant, a member of the family may be able to take over the tenancy, becoming the new tenant, acquiring all of the rights and responsibilities of the tenancy.

The following people have the right of succession to the tenancy:

• The deceased tenant’s husband/wife or partner
• A member of the deceased tenant’s family (son, daughter, parent, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece)

Priority is given to the tenant’s partner/spouse followed by a family member.

In all cases, the successor must be living at the property as his/her only or principal home at the time of the tenant’s death.  

If the successor is not the husband/wife/partner of the deceased tenant, the family member must also be able to prove that he/she has lived with the tenant for a continuous period of 12 months ending with the date of the tenant’s death.

If there are two or more members of the tenant’s family entitled to succeed, they may decide which one is to be the successor.  If no agreement can be reached, we can decide.

There is only one right of succession, but we do under some circumstances allow a second person to succeed to a tenancy (contact the Tenancy Services Team for details)

Under some circumstances when the tenancy passes to a family member other than the spouse/partner, we may ask him/her to move to another property.  This may happen if:

• The property is too large for the person succeeding to the tenancy;
• The property is designed for, or has been adapted for the use of someone with a physical disability and that person no longer lives in the property.

Following the death of the tenant, the person(s) left living in the property should inform the Tenancy Servies Team as soon as possible. We will need to see a copy of the death certificate.  A decision will made regarding the succession within 28 days.  You can also contact us about succeeding to a tenancy using the form at the foot of this page.

This is a complex area, and this information provides a guide only but does not fully explain the law.  Contact the Tenancy Services Team for more information.  

Assignment

Assignment is a transfer of tenancy from a sole tenant to another person, which is as a result of a request from a the sole tenant to hand over their tenancy ("assign it") rather than as a result of the death of the tenant.

Essentially, the same rules apply as with a succession: the proposed assignee must be the tenant’s spouse or partner, or a family member that has lived in the property for 12 months prior to the assignment.  The assignee must show that the property is their only or principle home.

There can only be one assignment to the tenancy. The assignee becomes the successor to the property. In some circumstances, a Court has the power to order the assignment of a tenancy, for example, as part of divorce or Family Law proceedings.

If you wish your tenancy to be assigned, contact the Tenancy Services Team; a decision will made within 28 days of receiving the application. If we agree that the tenancy can be assigned, the tenant and the person they wish to assign will both be asked to sign paperwork to agree to the assignment.  You can also contact us about assigning to a tenancy using the form at the foot of this page.

This information provides a guide only, and does not provide a full explanation of the law. Contact the Tenancy Services Team for further information.  

On-line application for succession, assignment or transfer of tenancy

Please complete the form below.  We will contact you to discuss your circumstances further.