Inheriting a Tenancy
When a tenant dies the tenancy may be inherited in a number of
ways:
Level 1
- The tenancy is inherited by the tenant's surviving spouse or
civil partner if the house was their only, or principal, home
at the time of the tenant's death.
- The tenancy is inherited by the deceased tenant's
co-habitee if the house was their only, or principal, home for
at least six months before the tenant's death.
- The tenancy is inherited by a joint tenant if the house was
his/her only, or principal, home when the tenant died.
Level 2
If no-one qualifies at Level 1, or if a qualified person does
not want the tenancy, it may be inherited by another member of the
deceased's family, as long as:
- He/ She was aged 16 or older at the date of the
tenant's death, and
- The house was his/ her only, or principal, home at the date of
the death.
Level 3
If no-one qualifies at Level 1 or 2, or a qualified person does
not want the tenancy, it can be inherited by a carer, as long as
all of the following apply:
- He/She was aged 16 or older at the date of the tenant's
death
- The house was his/ her only, or principal, home at the date of
the death
- He/ She gave up another only, or principal, home before the
death of the tenant
- He/ She is providing, or was providing, care for the tenant or
a member of the tenant's family.
If more than one person qualifies and they are unable to decide
amongst themselves who should succeed to the tenancy, the Council
will make the final decision.
Sheltered Housing
Please note that tenancies for properties in designates
sheltered housing complexes can only be inherited by the surviving
spouse or civil partner if they qualify for sheltered housing in
their own right.
