Council housing tenancy policy 8. Succession

Succession means the right to take to take over a secure tenancy when the tenant dies.

If the secure tenancy started before 1 April 2012, occupiers of council housing have a legal right to succeed to a secure tenancy following the death of the named tenant, providing that:

  • they are the tenant's spouse or civil partner or have been living with the secure tenant as their partner; or
  • they are another qualifying family member (for example, child, grandchild, parents, siblings, niece or nephew of the deceased tenant); and
  • the property has been their only or principal home for at least 12 months prior to the date of death of the secure tenant (unless they are a spouse or civil partner); and
  • there has been no previous succession (or a previous succession was completed before 3 October 1980)

If the secure tenancy started after 1 April 2012, the occupier could take over the secure tenancy if:

  • they are the tenant's spouse or civil partner or have been living with the secure tenant as their partner
  • the property was their only or principal home when the secure tenant died
  • there has been no previous succession (or a previous succession was completed before 3 October 1980)

Where a successor (except for a spouse or civil partner) is under-occupying the property (the property has more bedrooms than are required), the successor will be required to downsize to another property in accordance with their housing needs. In these circumstances, we will seek possession through a possession order under Ground 15A of Schedule 2 of the Housing Act 1985 and will make two suitable offers of alternative accommodation in line with the H&F Allocation Scheme. Should the two direct suitable offers of accommodation be refused, and the case referred to court, we will not hold either of these properties, but will make a third offer if the court grants possession.

In exceptional circumstances, we will consider requests to remain in the property from statutory successors who are under-occupying. These cases will be considered at the Housing Director's Discretion Panel.

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