Information Succeeding to a tenancy when someone dies
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The term 'succession' is used when a tenant dies and the tenancy can sometimes be taken over by another member of the household.
From 1 April 2013 for all new secure and flexible tenancies only a spouse, civil partner or cohabitee will have the statutory right to succession.
For secure tenancy agreements which started before April 2013 there are slightly wider succession rights.
For a succession to occur there must be no rent arrears and the size of the property must be appropriate to the person succeeding to the tenancy. Only one succession is allowed by the Housing Act 1985. This means, for example, that if a wife succeeds to the tenancy on the death of her husband, on her death the tenancy cannot pass by succession to anyone else who may otherwise be eligible.
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