My tenancy

Death of a tenant

When a tenant dies the tenancy can pass to a spouse, civil partner or a person who lived with the tenant as if they were married or civil partners. This is called ‘succession’. By law, a second succession is not possible, however in some circumstances we may agree to give a new tenancy to a relative or partner.

For secure tenancies that started before 1 April 2012 and all introductory tenants

The tenancy will pass to the tenant’s husband, wife or civil partner if they were living with the tenant at the time of their death. If there was no spouse or civil partner the tenancy can pass on to a family member, including partner, if they had been living at the property with the tenant continuously for the 12 months before their death.

If a joint tenant dies the tenancy will pass to the other joint tenant and this will count as succession.

For secure tenancies that started on or after 1 April 2012 and all flexible tenants

The tenancy will pass to the tenant’s husband, wife or civil partner (or a person who lived with the tenant as if they were married or civil partners) if they were living with the tenant at the time of their death. No other family member can succeed to the tenancy.

If a joint tenant dies the tenancy will pass to the other joint tenant and this will count as succession.

For further information contact your housing office.