Inheriting a private residential tenancy when the tenant dies
If a joint tenant dies, the remaining joint tenant becomes the sole tenant. If there is more than one remaining joint tenant, they continue as joint tenants.
If there is no joint tenant, certain people can qualify to inherit the tenancy. This is called ‘succession’.
This information only applies if the tenant had a private residential tenancy. Check the types of private tenancy.
There are different rules if it’s a council or housing association home. Check guidance on succession in social housing.
Who qualifies to inherit a private residential tenancy
You can inherit the tenancy if you are the tenant's:
- partner
- family member
- resident carer
You must also meet residency requirements.
You cannot inherit the tenancy if the tenant who died had already inherited it from someone else.
Levels of priority for inheriting a tenancy
There are 3 levels of priority for inheriting a tenancy.
First priority for partners
You have first priority to inherit the tenancy if, immediately before the tenant’s death, you were the tenant’s:
- spouse
- civil partner
- co-habiting partner
Second priority for family members
You can inherit the tenancy if all of the following apply:
- you're aged 16 years or older
- the tenant who died was your family member
Familiy member includes:
- parents, including step-parents
- children, including step-children
- grandparents and grandchildren
- brothers and sisters
- aunts, uncles, nieces and nephews
Third priority for carers
You can inherit the tenancy if all the following apply:
- you're aged 16 years or older
- you cared for the tenant or someone they lived with
- you gave up your home to move in
- the tenancy is not inherited by the deceased tenant’s partner or family member
If someone else has equal priority
Only one partner can inherit the tenancy.
If there is more than family member entitled to inherit the tenancy, then they become joint tenants.
If there is more than one resident carer entitled to inherit the tenancy, then they become joint tenants.
Residency requirements
To inherit a tenancy, partners, family members and resident carers must meet the residency requirements.
The requirements depend on their relationship to the tenant who has died.
To meet the residency requirement, you must have been living in the property as your only or main home when the tenant died. You must also meet one of the following conditions, depending on your relationship to the tenant.
If you were married or in a civil partnership with the tenant
The tenant must have told the landlord in writing that you had moved into the property
If you’re the tenant's partner but were not married to them or in a civil partnership with them
The tenant must have told the landlord that you had moved into the property at least 6 months before the tenant died
You must also have lived with the tenant continuously for at least 6 months before they died
If you’re a family member or resident carer
The tenant must have told the landlord that you had moved into the property at least 6 months before the tenant died
You must also have lived with the tenant continuously for at least 6 months before they died
How to inherit the tenancy
Contact the landlord to inherit the tenancy.
They can check if you qualify and may ask you for evidence. For example, copies of:
- personal ID
- a birth certificate, showing your relationship to the tenant
- bills or official letters that prove you live there
Your rights if you inherit the tenancy
Find a summary of your rights in a private residential tenancy on gov.scot. This is available in several languages.
If you do not qualify to inherit a tenancy
The landlord can either:
- offer you a new tenancy for the property
- ask you to leave
If you need to move out, you can get homeless help from the council.
Getting advice about inheriting a tenancy
You can get free independent advice from:
You can also get legal advice from a solicitor. If you’re on a low income you may qualify for legal aid.
Help for carers
Check help for carers, including if the person you cared for has died.