Taking Over A Tenancy When A Household Member Dies

Can I pass my tenancy onto a relative if I no longer need it?

 

PeopleYou may be able to assign (pass on) your tenancy to another family member following the death of a tenant or due to a relationship breakdown. However, this will depend on which type of tenancy you have.

  • If your relationship with a joint tenant breaks down, you should always seek independent legal advice as this is a very complicated issue.
  • If you cannot agree who should remain as a tenant then a Court will need to decide and make an order to assign the tenancy.

 

You must report any changes in your circumstances immediately so that our records can be amended and appropriate advice given.

 

  • Assignment is also used when residents do a mutual exchange of their properties.

 

Inheriting your tenancy (succession)

 

House and HandsIf you have a joint tenancy with a partner and they die, the tenancy will continue for you. However, when you die there are no further rights to pass the tenancy on. This means anyone left in the property will be asked to move out.

There are legal differences between secure and assured tenancies and individual circumstances will need to be discussed with your Housing Officer. However, in most cases a partner would have the right to take over the tenancy providing that they live with you and there has been no previous succession.

  • Succession to a tenancy does not always mean remaining in the same home. If you would substantially under-occupy the property then we would find alternative accommodation suitable for your needs.

For further information, please contact us:

Email icon and link info@estuary.co.uk      Telephone icon: 0300 304 5000 0300 304 5000