Succession Rights for Tenants in England: What You Need to Know

If you are renting in England, knowing what happens to your tenancy if the named tenant dies can be crucial—especially for family members or those who share a property. Succession rights explain who can inherit a tenancy and how, offering practical protections during a challenging time. This guide explains the succession rules in straightforward terms and highlights your rights under English law, referencing the current Housing Act 1985 and Housing Act 1988, as well as relevant government processes.

Understanding Succession Rights in Tenancy Law (England)

Succession means passing on a tenancy to someone else when the original tenant dies. Not everyone can succeed a tenancy—eligibility and procedure depend on the type of tenancy and the relationship with the deceased tenant. UK law is designed to protect the stability of households while balancing landlord-owner rights.

Types of Tenancy and Their Succession Rules

Succession rules differ based on your tenancy’s legal status. The main tenancy types are:

• Secure tenancy (usually council/social housing): Governed by the Housing Act 1985, Part IV.
• Assured tenancy: Often housing association tenancies, covered by the Housing Act 1988.
• Assured shorthold tenancy (AST): The most common type for private renters.

Each tenancy type has different rules on who might inherit or "succeed" the tenancy after a tenant dies.

Who Can Succeed a Tenancy?

• Spouse or civil partner: Usually has the first legal right to succeed where succession is allowed, and they lived at the property at the time of death.
• Other family members: Such as children, parents, or siblings, if they lived with the tenant for at least 12 months before their death.
• Other qualifying occupiers: In less common cases, certain other people might be eligible if explicitly stated in the tenancy agreement.

Most council and some housing association tenancies guarantee at least one statutory succession; many also allow for “contractual” succession—check your tenancy agreement for extra rights.

Succession Process: How It Works

If you believe you have a right to succeed a tenancy, it is important to inform the landlord (or council/housing association) promptly, usually in writing. The process generally involves:

• Notifying your landlord of the tenant's death.
• Providing evidence of your relationship to the deceased tenant and proof of residence (for example, council tax bills or utility bills).
• Completing any required succession application forms or providing supporting documentation.

If there’s a dispute, it can sometimes be referred to the First-tier Tribunal (Property Chamber) – Residential Property, which oversees disputes about residential tenancies in England.

Important Official Forms for Succession Rights

• Notice of Application for Succession (form name and process vary by landlord, especially councils and housing associations)
• First-tier Tribunal (Property Chamber) Application Form (Form: T135)
  • When used: If you need to appeal a council or landlord’s decision on succession or contest an eviction due to a disputed succession right.
  • How to use: Submit Form T135 to the tribunal with evidence of your relationship and residence. For details and the form, visit the official form on the government website.

Tip: Act as soon as possible after the tenant’s death. Delays can limit your rights or options.

Limitations and Exclusions

• Most tenancies allow only one statutory succession — if the tenancy has already succeeded once, further succession may not be possible unless the agreement specifically allows.
• ASTs (private rented) often do not permit statutory succession, but landlords can sometimes assign the tenancy sympathetically—always check your tenancy agreement.
• Joint tenants: If one joint tenant dies, the remaining joint tenant automatically inherits the tenancy.

Always check both legislation and your tenancy agreement for specific provisions and speak with your council or landlord for details.

FAQ: Succession Rights in England

1. Who can inherit a council tenancy in England?
   A spouse or civil partner usually has first right, followed by other close family members who lived with the deceased tenant for at least 12 months before their death.
2. Is there a special form to claim succession?
   Most councils require you to fill in a Notice of Application for Succession (available from the council) and, if disputes arise, use Form T135 for the First-tier Tribunal.
3. Can I stay in my home if my parent dies and I'm over 18?
   If you lived in the property for 12 months before your parent’s death and the tenancy allows succession, you may be eligible—but only one succession is usually permitted.
4. What if my succession claim is denied?
   You can appeal the decision directly with your landlord and escalate to the First-tier Tribunal (Property Chamber) – see Form T135 for the process.
5. Do private renters have succession rights?
   Most assured shorthold (AST) private tenants do not have statutory succession rights unless the tenancy agreement allows it. Always check your agreement and discuss with your landlord.

Conclusion: Key Takeaways on Succession Rights

• Succession lets certain family members inherit a tenancy, but the rules vary by tenancy type.
• Always notify your landlord and check your agreement after a tenant’s death.
• If you are refused succession, appeal processes and tribunals can provide a path forward.

Understanding succession rights can help you protect your home and avoid confusion during a difficult period.

Need Help? Resources for Renters

• Government Advice for Private Renters
• Government Social Housing Guidance
• First-tier Tribunal (Property Chamber) – Residential Property (handles tenancy disputes in England)
• Shelter England: Succession Rights
• Your local council housing department—find contacts via your area’s Find your local council service for support and forms.

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1. See Section 87, Housing Act 1985 for secure tenancies (statutory succession provisions).
2. Housing Act 1988 for assured and assured shorthold tenancies.
3. Form T135 – Tribunal application
4. First-tier Tribunal (Property Chamber) information and guidance.

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