Succession rights when a council tenant dies

Probationary tenancy

A spouse or civil partner has priority if residing with the late tenant at the time of death. A member of the family of the deceased can succeed if they resided with the late tenant throughout the twelve months ending with the tenant’s death. 

The following rules apply:

  • Only 1 succession allowed.
  • Spouse or civil partner do not need to downsize if under occupying.
  • A family member would need to downsize if under occupying (no downsizing incentive is paid).

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

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