Inheriting a council or housing association home if someone dies
When the tenant dies, you’ll automatically inherit the tenancy if you’re a joint tenant.
If there is no joint tenant, certain people can qualify to inherit the tenancy. This is called ‘succession’.
You cannot inherit a tenancy that has already been inherited 2 times, unless you are currently a joint tenant.
Residency requirement for succession
In some cases, you must meet a ‘residency requirement’ to qualify.
This means that:
- you’re already living in the property as your only home
- the tenant told the council or housing association in writing that you’ve moved in
- at least 12 months have passed since the council or housing association were told
If you cannot succeed a tenancy and need to move out, you can get homeless help from your local council.
When you qualify to succeed a tenancy
You can succeed a tenancy if you are:
- the tenants’ joint tenant or partner
- a family member of the tenant
- a carer for the tenant
There are 3 levels of priority for succession.
First priority for partners
You’ll get first priority to succeed the tenancy if the tenant who died was your:
- joint tenant
- spouse or civil partner
- co-habiting partner
If you were co-habiting partners, you must meet the residency requirement of 12 months.
The residency requirement does not apply if you’re the joint tenant, a spouse or civil partner. You must have been living there when the tenant died.
Second priority for family members
You’ll get priority to succeed the tenancy if all the following apply:
- you’re aged 16 years or older
- the tenant who died was your family member
- you meet the residency requirement of 12 months
- no one has first priority to succeed the property
Family members are:
- parents, including step-parents
- children, including stepchildren
- grandparents
- grandchildren
- siblings
- aunts and uncles
- nieces and nephews
Third priority for carers
You’ll get priority to succeed the tenancy if all the following apply:
- you’re aged 16 years or older
- you gave up your home to care for the tenant who died
- you meet the residency requirement of 12 months
- no one has first or second priority to succeed the property
If more than one person has equal priority
It’s up to you and the person with the same priority to decide who will succeed the tenancy.
If you cannot decide, the council or housing association will choose.
Applying to succeed a tenancy
You may need to fill out a form to succeed the tenancy.
Contact the council or housing association to check how to apply.
If you do not qualify
You cannot succeed the tenancy and you may be asked to leave.
If they choose to, the council or housing association can either:
- let you stay in the property by giving you a new tenancy
- offer you a new tenancy at another property
They do not have to do this.
Getting advice about succession
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.