East Devon District Council

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Policy Tenancy policy

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14. Succeeding to a tenancy - secure tenancies pre April 2013

For our secure tenancy agreements that started before 1 April 2013:

The following people can succeed to the tenancy, if they have been living in the property as their principal home:

  • the tenant’s spouse or civil partner
  • another member of the tenant’s family that has lived with the tenant throughout the period of twelve months ending with the tenant’s death.

Only one succession is allowed by the Housing Act 1985.

If more than one person is eligible to succeed then we will give preference to the tenant’s spouse or partner. Where a joint tenant becomes a sole tenant this counts as the one succession allowed.

If the property is not suitable for the relative, or it becomes under occupied, we may request them to move to a more suitable property. We can only do this between six and 12 months after the previous tenant’s death and only by court order.