Inheriting a tenancy

Level 1

• The tenancy is inherited by the tenant's surviving spouse or civil partner if the house was their only, or principal, home at the time of the tenant's death.
• The tenancy is inherited by the deceased tenant's co-habitee if the house was their only, or principal, home for at least six months before the tenant's death.
• The tenancy is inherited by a joint tenant if the house was his/her only, or principal, home when the tenant died.

Level 2

If no-one qualifies at Level 1, or if a qualified person does not want the tenancy, it may be inherited by another member of the deceased's family, as long as:

• He/ She was aged 16 or older at the date of the tenant's death, and
• The house was his/ her only, or principal, home at the date of the death.

Level 3

If no-one qualifies at Level 1 or 2, or a qualified person does not want the tenancy, it can be inherited by a carer, as long as all of the following apply:

• He/She was aged 16 or older at the date of the tenant's death
• The house was his/ her only, or principal, home at the date of the death
• He/ She gave up another only, or principal, home before the death of the tenant
• He/ She is providing, or was providing, care for the tenant or a member of the tenant's family.

If more than one person qualifies and they are unable to decide amongst themselves who should succeed to the tenancy, the Council will make the final decision.

Sheltered Housing

Please note that tenancies for properties in designated sheltered housing complexes can only be inherited by the surviving spouse or civil partner if they qualify for sheltered housing in their own right.