Taking over a tenancy when someone dies

You may be able to assign (pass on) your tenancy to another family member following a death of a tenant or due to a relationship break down. 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 a tenant then a Court will need to decide and make an order to assign the tenancy. Any changes in your circumstances must be reported immediately to the Association so our records can be amended and appropriate advice given. Assignment is also used when residents do a mutual exchange of properties.

Inheriting your tenancy (succession)

If 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 the Association would find alternative accommodation suitable for your needs.