A council tenancy can only be inherited once, unless the tenancy agreement allows for more than one succession.
Your right to succeed to a council tenancy depends on:

  • your relationship with the tenant
  • the type of tenancy they had
  • when the tenancy started
  • the length of time you have resided with the original tenant

If you succeed to a tenancy, it will be the same type of tenancy as that of the person who died with the same rent and
rights.

The council may ask you to provide evidence about who you are, your relationship with the tenant who died and how
long you had lived with them.

The council can take action to evict you if you don't have a right to succeed to the tenancy and continue to live in the
property after the death of the tenant.

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Please read our Tenancy Conditions which set out your rights and responsibilities as a tenant.

You automatically become the sole tenant if you are a joint council tenant and the other joint tenant dies.

This takes priority over anyone else's claim to inherit the tenancy and this applies whatever type of council
tenancy you have.

You can succeed to a tenancy if the tenant who died was your husband, wife or civilpartner, as long as it was your home at the time they died and the tenancy has not already been succeeded to.

Your right to inherit takes priority over that of any of the tenant's other relatives.

You can inherit the tenancy as long as it was your home at the time your cohabitee died and you were living together for at least 12 months before they died.

If you moved home in the year before the tenant died, time spent living with your cohabitee in another property counts.

Tenancies that started on or after 1 April 2012

You cannot succeed to a relative’s tenancy unless you were their spouse or civil partner.

Tenancies that started before 1 April 2012

You can succeed to a relative's tenancy that started before 1 April 2012 if:

  • the tenancy was your home when the tenant died
  • the tenant did not have a spouse or civil partner who can inherit the tenancy
  • the tenant was not co-habiting with a partner who can inherit the tenancy
  • you were living with tenant for at least 12 months before they died. Time spent living elsewhere counts.

Relatives who can succeed to a council tenancy

These include:

  • parent or grandparent
  • child or grandchild
  • brother or sister
  • uncle, aunt, nephew or niece
  • Step-relations, half-relations and in-laws are also included, but not foster children.

If a tenancy passes to a relative, who is not the spouse or civil partner and the home is bigger than they need, the Council has the right
to move them out, but will offer them a suitable alternative home.

You must get our approval and comply with a number of rules before we agree to an assignment. Only the original tenant can assign their tenancy. If you assign the tenancy to someone else, you lose all legal rights to the tenancy and won't be able to get them back. The tenancy must be a secure tenancy and the rent account must be clear.

Please read our Tenancy Conditions which set out your rights and responsibilities as a tenant.

Apply now