Inheriting a Tenancy (Succession) Leaflet - Bristol City Council

Inheriting a Tenancy (Succession) Factsheet
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Information
This leaflet gives guidance and information about who can inherit a tenancy following
the death of a tenant of Bristol City Council.
What is a succession?
A right given under the Housing Act 1985 for Secure Tenants to pass on their
tenancy to their husband, wife, civil partner or family member following their death. In
the case of family members they must have been living with the tenant for at least
the past twelve months. Succession can only happen once.
Who is a member of the family?
The law defines a “family member” as parents, grandparents, children,
grandchildren, siblings, uncles, aunts, nieces and nephews, step relations, half
relations, unmarried partners (heterosexual) and unregistered same sex partners.
Same sex couples can formally register their relationship under the Civil Partnership
Act 2004. Once registered, they are then known as civil partners.
How do you become a successor?
Succession only occurs on the death of a tenant. There are three main
circumstances where a succession occurs:
Following the death of a sole tenant
If a tenant dies, provided that they had not inherited the tenancy, it will automatically
pass to their husband, wife or civil partner. Otherwise it will pass onto a family
member, provided that the family member has lived with the tenant for the past
twelve months.
Where a joint tenancy changes to a sole tenancy
Where a tenancy is held in joint names and one of the tenant’s dies, the surviving
tenant succeeds to the tenancy as a sole tenant. There is no further right of
succession so the tenancy cannot be passed on again.

Assigned tenancy: Where a tenancy has been legally assigned
Any tenant, who has not succeeded to the tenancy, has the right to assign (pass) the
tenancy to their husband, wife, civil partner, or a family member who is living with
them and has lived with them for the past twelve months. However, this must be
done by a legal document called a Deed of Assignment. A person taking the tenancy
in this way is counted as a successor.
The courts can also order an assignment between married partners and civil
partners as a result of divorce proceedings, or dissolution of a civil partnership. This
is called a “tenancy transfer”.
Your Customer Service Point can advise you on assignments. However, you may
also want to take legal advice from the Citizens Advice Bureaux or a solicitor as
there are a number of matters to consider. For example, if you assign your tenancy
you would also lose your right to occupy the property. If you then become homeless
the council might not have a duty to re-house you. Assigning a tenancy could also
have an effect on the household’s entitlement to housing benefit.
Some examples of succession
Mr & Mrs Smith: Joint tenants. Mr Smith dies.
Mrs Smith remains as the sole tenant but she is a “successor” because the joint
tenancy has become a sole one. However, she will now have no right to pass on the
tenancy again in law.
Ms Jones is a sole tenant. Ms Walker is the civil partner of the tenant. Ms
Jones dies.
Ms Walker becomes the sole tenant. She has succeeded to Ms Jones tenancy.
Therefore once again she cannot, in law, pass on the tenancy.
Mr Smith: Sole tenant. Mrs Smith: Dies.
Mr Smith remains a tenant just as before. He is free to pass on the tenancy to a
family member provided they have lived with him for 12 months.
Can more than one person take a succession?
No: The law provides there can only be one successor. In the case of a married
couple or civil partner, when one of the partners dies the other partner automatically
takes the tenancy by succession. Where there is no husband, wife, civil partner it is
up to the family members living there to decide which one will take the succession
and hold the tenancy from there on.

If a member of my family succeeds to the tenancy, can they stay in the family
home?
If the member of the family succeeding is the husband, wife or civil partner they have
the right to remain in the family home. However if the successor is anybody else the
council reserves the right to ask him or her to move, if the property is larger than they
need. This includes an unmarried or unregistered (same sex) partner. For example;
a single person left in a three bedroom flat or in a two bedroom house, in view of the
limited supply of accommodation for families.
What if there has already been one succession?
Under the terms of the 1985 Housing Act, the council has a legal duty to allow one
succession only.
By law, a second succession is not possible. However, in some special cases, if a
successor tenant dies the council could decide to grant a new tenancy where a
person:
• Has been continuously living with the tenant for at least 12 months.
• Has been looking after the tenant.
• Has accepted responsibility for the tenant’s dependents. That is provided the
dependents themselves do not have a right of succession. To qualify you will
be required to provide evidence, (for example utility bills, bank statements or
correspondence).
If you do not qualify for succession but you are recognised as being in priority need,
then there is a duty to provide one suitable offer of alternative accommodation. In the
event that an offer of suitable accommodation is refused, then the council will take
steps to gain possession of the original property.
In all cases, if you are living with a family member who has died you must inform
your Customer Service Point as soon as possible.
General advice
If you wish to receive any further advice or more detail on the matters covered in this
leaflet you can ask for an appointment at your Customer Service Point to have
matters more fully explained. You can also seek independent legal advice at a
Citizens Advice Bureaux. If you see a solicitor you should check with them whether
or not a charge will be made for advice.
Please note:
Under the Civil Partnership Act 2004, succession rights now extend to same sex
relationships provided they are registered as Civil Partnerships.

Further information
Citizens Advice Bureaux
For free independent legal advice and information please phone 0844 499 4718.
Complaints, Comments or Compliments
Bristol City Council is committed to providing a high quality service to all its
customers and welcomes your feedback. You can do this by submitting a complaint,
comment, or compliment about the services you have received.
If you wish to do this you can complete our online for at
www.bristol.gov.uk/faircomment. You can also obtain a fair comment leaflet from any
Customer Service Point or by contacting our Customer Services Centre.
How to contact us
If you need to contact the Estate Management Service details are set out below
General enquires: 0117 922 2200 (option 4)
Textphone: 0117 357 4444
Fax: 0117 352 5104
By Post:
Estates, PO Box 595, Bristol, BS99 2AW
By Email:
estates@bristol.gov.uk
By Internet:
www.bristol.gov.uk/estates
Customer Service Points
If you would like to see someone in person you can visit any Customer Service
Point. Please note opening hours are Monday, Tuesday and Thursday from 9am to
5pm, Wednesday 10.30am to 5pm and Friday 9am to 4.30pm. Extended opening
times are available at Phoenix Court, please telephone 0117 922 2200 to check.
Lawrence Weston
Ridingleaze House
Lawrence Weston
Bristol
BS11 0QE
Fishponds
Robinson House
Hockeys Lane
Bristol
BS16 3HL
Hartcliffe
Symes House
Peterson Square

Hartcliffe
Bristol
BS13 0BD
Southmead
Southmead House
Greystoke Avenue
Southmead
Bristol
BS10 6BQ
Central Bristol
Phoenix Court
Bond Street South
Bristol
BS1 3PH
Out of Hours emergencies
Tel: 0117 922 2050
Textphone: 0117 922 3892
Fax: 0117 922 2379
If you are unsure which team you need or you have a customers’ service related
enquiry you can email: customer.servicepoints@bristol.gov.uk.
Produced by Bristol City Council. Revised June 2013.