Tenancy types

Secure tenancy types - Granted BEFORE 1 April 2012

A spouse or civil partner has priority and must have been living with the deceased at the time of death.

If there is no spouse or civil partner a family member can succeed if residing with the late tenant for 12 months prior to death.

The following rules apply:

Only 1 succession is allowed.
If there has already been a succession pre-1980 a second succession could be allowed but only once.
The Spouse or civil partner do not need to downsize if under occupying. Family members would need to downsize if under occupying (no downsizing incentive is paid)

Joint tenants are liable for any arrears; statutory successors are not.

Secure tenancy types - Granted AFTER 1 April 2012

Only a tenant’s spouse or civil partner can succeed where they occupied the home as their only or principal home at time of death. The tenancy cannot pass to other family members.

The following rules apply:

Only 1 succession allowed.
Spouse or civil partner do not need to downsize if under occupying.
A discretionary tenancy may be offered to a surviving relative in occupation for a minimum of 10 years at the time of death and not under occupying or a full time live in non-paid carer in occupation for a minimum of 2 years at the time of death and not under occupying.

Joint tenants are liable for arrears; statutory successors are not.

Secure tenancy types - STARTING before 1 April 2012

All documents requested in (all applicants) above plus
Proof of 12 months residency at property immediately leading up to the tenant’s death, unless Joint tenant, spouse/Civil Partner or Partner of Deceased, e.g. Bank Statements, Pension Credit Letters, or DWP documentation