Social Landlord Service: Tenancy policy

9. Succession

1. ​​​​​​9.1.In all cases, there can only ever be one succession to a secure tenancy. In situations where the original tenancy was a joint tenancy and one of the original tenants has died, the surviving joint tenant will have taken over the tenancy by survivorship. This is counted as a succession in law.
2. 9.2. The position on succession rights for tenants whose tenancies began before 1 April 2012 is that, where there is not a joint tenancy, another person may be able to take over the tenancy by succession if they are either:
   • the tenant's spouse or registered civil partner, as long as they were living together at the time of their death (or, if the tenancy is a demoted tenancy, for at least a year beforehand)
   • another family member (this includes cohabiting partners, children, parents, siblings and most other close relatives, but not foster children) as long as there is no surviving spouse or civil partner and they were living with the deceased for a continuous period of at least one year before their death
3. The Council will seek evidence that the household member who is seeking to succeed has lived in the property for a continuous period for the last year. 
4. 9.3. Where a succession takes place, and the new tenant was not previously a joint tenant but is under-occupying the property, GYBC have an opportunity to offer another property to them as suitable alternative accommodation - this does not apply for spouse or civil partner. A housing application form must be completed supported by assessment of their housing needs by the Council. If an offer of accommodation is made between 6 months and one year after the Council becomes aware of the death of the tenant and it is refused, GYBC may take possession action to recover the property. 
5. 9.4. For tenants whose tenancy began after 1 April 2012, succession rights are limited to the tenant's spouse or registered civil partner, as long as they were living together at the time of their death (or, if the tenancy is a demoted tenancy, for at least a year beforehand).
6. In exceptional circumstances the Council will consider applications from close family members who have lived in the property on a permanent basis as their family home for a continuous period of at least 12 months prior to the death of the tenant.
7. Where a succession takes place and the new tenant was not previously a joint tenant but is under-occupying the property, GYBC have an opportunity to offer another property to them as suitable alternative accommodation. If an offer of accommodation is made between 6 months and one year after the Council becomes aware of the death of the tenant and it is refused, GYBC may take possession action to recover the property.
8. In deciding whether to offer suitable alternative accommodation we will take into account a number of factors, including:
   • level of under-occupation
   • length of residence in the property
   • individual need of the tenant, including health and support needs
   • demand for the type of property they are currently residing in
   • demand for the type of property they could potentially move to
   • location of available alternative accommodation
9. In identifying the level of any-under-occupation, the Council shall consider the number of bedrooms the household needs as determined by the Council's Housing Allocations Policy and Scheme.