Passing On a Social Tenancy to Family in England: Your Rights Explained

If you live in social housing in England—such as a council or housing association property—you might wonder: can your tenancy be transferred to a family member if you move out, pass away, or go into care? Understanding your rights and the legal process around passing on (or ‘succession’ of) a social tenancy is vital for renters who want security for loved ones. This guide explains who can inherit a tenancy, what rules apply, and how to use official forms and councils to manage the process in England.

Understanding Succession Rights in Social Tenancies

Succession means passing on a tenancy to someone else when the original tenant dies or leaves. The rules depend on the type of tenancy you have and when it started.

Common Types of Social Tenancies in England

• Secure tenancy: Usually held with the local council; you have strong rights against eviction.
• Assured tenancy: Often with a housing association; you have key protections but slightly different rules.

The rules for each are set by law—mainly the Housing Act 1985 (for secure tenancies) and the Housing Act 1988 (for assured tenancies)¹.

Who Can Inherit a Social Tenancy?

• Spouses or civil partners: Usually have the strongest claim to inherit a tenancy if living with the tenant at the time of death.
• Other family members: Children, parents, or other close relatives may inherit but must have lived in the property with the tenant for at least 12 months before their death.

Only one succession is usually allowed per tenancy. If a tenancy has already been inherited once, it generally cannot be passed on again.

Key Steps to Pass On a Social Tenancy

Transferring or inheriting a tenancy can be complex. The process will depend on your landlord (council or housing association) and the type of tenancy agreement. Here’s what you need to know and do:

• Check your tenancy agreement for any clauses about succession or assignment.
• Notify your landlord as soon as possible if the tenant has died or wishes to assign the tenancy.
• Gather evidence: To prove eligibility (such as relationship and residency), you might need marriage certificates or proof of residence.

Official Forms for Succession and Assignment

• Succession application: Many councils or housing associations ask you to fill in a Tenancy Succession Application Form (no universal number). For example, if your parent dies and you want to remain in the property, you must file this usually within a few weeks of the tenant's death.
  To use: Request the form from your landlord or local council's housing office, complete it with all relevant information, and submit supporting documents.
• Assignment or mutual exchange: Assignment / Mutual Exchange Application Form (where permitted). This is used if the current tenant is alive and wishes to pass the tenancy to a family member or swap properties.
  To use: Ask your housing provider for their version of the form and submit it alongside required evidence, such as proof of living together.

Always check the specific process and forms with your landlord—many councils and housing associations have their own procedures and additional eligibility checks.

When Does Succession Not Apply?

You cannot usually pass on a social tenancy unless your tenancy agreement allows it and you meet the legal requirements. Reasons you may be refused include:

• The tenancy has already been succeeded once.
• The person applying is not a spouse, civil partner, or does not meet the ‘12-month residency’ rule.
• There are specific clauses in the agreement that limit succession rights.

What About the Courts or Tribunals?

If you disagree with your landlord's decision about succession or assignment, you may apply to the First-tier Tribunal (Property Chamber) for matters related to social housing tenancies, or challenge the landlord's decision through the council's own complaints procedure first².

Your Rights Under the Law

Your succession rights stem mainly from the Housing Act 1985 and the Housing Act 1988. Always check with your landlord for any contract-specific restrictions or local policies.

Frequently Asked Questions

1. Can I pass my council house to my child?
   Only in certain circumstances. Your child must have lived with you in the property for at least 12 months before your death, and only if the tenancy has not already been succeeded.
2. What happens if more than one family member wants the tenancy?
   The landlord (council or housing association) will usually decide who is most eligible, giving priority to a spouse or civil partner. If there's a disagreement, the landlord’s decision is generally final.
3. Can I appeal if my request to inherit the tenancy is refused?
   Yes. Start by using your landlord or council's complaints procedure. If you’re still unhappy, you can contact the Housing Ombudsman.
4. Do these rules apply to assured tenancies as well as secure tenancies?
   Yes, but there may be slight differences in the rules and required evidence. Check your agreement and the relevant legislation.
5. If I move out, can a family member automatically stay and take over the tenancy?
   No, except in very limited cases and with landlord consent. Succession usually only happens on the tenant’s death, not if they leave.

Key Takeaways

• You may be able to pass on your social tenancy to a spouse or family member, but only in line with legal and landlord rules.
• Only one succession is usually allowed per tenancy, and all applicants must meet residency and relationship criteria.
• Use the correct form and provide all evidence to your landlord, and seek advice or appeal if refused.

In summary: check your tenancy type and agreement, gather evidence, and work with your landlord—your rights are protected but follow the proper steps for the best chance of success.

Need Help? Resources for Renters

• Council housing: tenants’ guide — comprehensive official resource for council tenants
• Social housing overview and your rights
• Housing Ombudsman Service — for complaints about social landlords
• Find your local council for specific succession/assignment form requests and advice
• First-tier Tribunal (Property Chamber) — handles tenancy disputes in England

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1. Housing Act 1985: Succession of secure tenancies; Housing Act 1988: Assured tenancies
2. First-tier Tribunal (Property Chamber)

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