Succession
You might be able to stay in the home if the person named on the tenancy agreement dies – this is called succession. If you can stay, it will mean you’ll take over their tenancy – this is known as succeeding. If you are not eligible to stay in the home, because the property is too large or small, or is disabled adapted and you do not require these adaptations, we will support you throughout your journey to find alternative accommodation.
It is important to remember that you’ll be responsible for paying the rent if you take over the tenancy.
Being able to stay in the home and take over the tenancy will depend on things like:
- if you lived with the tenant before they died – it will only count if it was your main home and not a temporary one
- if you were living together as a couple
- if you’re related to the person who died
- how long you lived with the person who died
- the type of tenancy they had and how long they had it for
- what the tenancy agreement says
- if there has been a succession previously. Only one succession can take place.
Types of Succession
There are three main types of succession:
Joint Tenancy Agreement
If a joint tenant dies, you can succeed to the tenancy if you are a joint tenant. This is known as a Survivorship Succession, and you will take over the tenancy and be able to remain in the property.
Partners
If a sole tenant dies, if you are that person’s partner you may be entitled to take over that tenancy. This is known as a Statutory Succession, and you may be able to take over the tenancy and remain in the property.
In this case, you must have:
- Lived at the property as your main home at your partner’s time of passing
- Be able to provide evidence that this was your main and only home.
Family Members
If a sole tenant dies and lives with other family members, they may be entitled to succeed the tenancy. This is known as a Contractual Succession.
Family members are defined as:
- parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews or nieces
If you wish to succeed to a tenancy on a contractual basis you must have:
- Lived at the property as your main home at the sole tenant’s time of death and
- Have lived there throughout the previous 12 months.
What if none of the above apply?
If you are not eligible for any of these types of succession, in exceptional circumstances we will still consider whether we might offer you a tenancy at our discretion.
A discretionary succession can be granted to a partner or family member if there is no legal right to succeed a tenancy. In these cases, the successor must have:
- Lived in the property as their main home at the sole tenant’s time of death
- Not have a tenancy elsewhere
Cases are considered individually, and it is important to note that we are not legally required to offer you a succession in these circumstances. We will still endeavour to support those who do not meet our criteria to seek alternative accommodation
You can contact a Housing Officer for further advice by emailing tenancyandestates@lincoln.gov.uk or ringing 01522 873333
FAQ’s
We’ve put together some common Frequently Asked Questions about Succession below.
What happens if I want to apply for succession?
Each type of succession varies, but for every succession we will:
Visit you within 5 days (or when convenient for you) to discuss your application and let you know the timescales involved
Ask you for copies of documents we need to progress your application, such as a copy of the death certificate
Stay in regular contact with you throughout the process and keep you informed of progress
Offer a referral to our welfare advice service, to ensure you have the financial support you need during this difficult time
Give you a decision in writing within the agreed time frame
A succession has already taken place with another family member, can I apply to succeed again?
In short, there is no legal right to succession if one has already taken place. However, in some exceptional circumstances we may offer you a discretionary succession instead.
What happens if I am told I can succeed the tenancy, but not the property?
If you are eligible to succeed the tenancy, but not the property, we will help you to look for alternative accommodation. You will be given priority on the housing register to apply for suitable alternative properties. You will be allowed to stay in the property temporarily until you have found alternative accommodation. You will be required to pay a weekly charge to remain in the property.
Why would I be eligible to succeed a tenancy but not stay in the property?
If we agree that a family member can succeed through contractual or discretionary succession, this may not be to the same property. This might occur when the property has disabled adaptations which will not be used or where the property will be too large or too small for your needs. As a social landlord we are required to ensure that the home we offer you is right for your needs.
What happens while I am waiting to find another property?
If the tenancy was in a sole name, we will need to bring this tenancy to an end.
This is done by serving a ‘Notice to Quit’ which legally ends your family members tenancy.
This is not anything to worry about and does not mean you will be required to leave the home at the end of that notice (28 days).
In the short term, we will give you ‘Use & Occupation’ of the property, until you have found another home. You will be responsible for this charge which includes any relevant service charges at the point that Use & Occupation is given. This includes “bedroom tax” if you are in receipt of benefits and the property is larger than you need.