This page gives advice about who can succeed to a tenancy upon the death of a Council tenant. It explains the process that the Council and Ascham Homes follow when dealing with a request to succeed to a tenancy.

What is tenancy succession?

When a Council tenant dies, it may be possible for a husband/wife/civil partner, or other family member to take over the tenancy. This is known as succession, and the person who takes over the tenancy is called a successor. Succession can only only occur following the death of the tenant. If the deceased was a joint tenant, the only person who may be able to succeed the tenancy would be the remaining joing tenant. A succession can only happen once. The Council's policy on succession reflects the legal position and rights of the successors as laid out in the Housing Act 1985.

Which family members are eligible to succeed to a tenancy?


The following family members may succeed to a tenancy:
   
Husband Uncle
Wife Aunt
Civil partner (same-sex couples who have formally registered their relationship under the Civil Partnership Act 2004) Nephew
Unmarried heterosexual partners Niece
Same-sex partners Son
Grandfather Daugther
Grandmother Step-son
Father Step-daugther
Mother Adopted child
Brother Grandson
Sister Granddaugther


For more information about tenancy succession please see the Tenancy Succession leaflet. The leaflet contains information about the following:

  • The conditions which must be met to allow a succession to take place
  • If more than one person can ask for succession to the same tenancy
  • When a succession will not be allowed
  • Once a family member has succeeded to a tenancy, whether they can continue to live at the property permanently
  • What will happen if you apply for succession but do not meet the necessary legal criteria
  • How to apply for succession and what will happen next
  • What happens when the Council has received the application for succession
  • What happens if the application is successful or unsuccessful
  • Offers of alternative accommodation

Tenancy Succession leaflet

Download the Tenancy Succession - A guide for Council tenants and their families leaflet (781KB PDF file)

If you would like more information about tenancy succession, please contact the Allocations, Choice and Mobility Team on 020 8496 3000.