Passing On Social Housing Tenancy Rights in Northern Ireland

If you live in a Housing Executive or housing association property in Northern Ireland, you may wonder what happens to your tenancy if you move out, pass away, or want a family member to take over. Understanding your rights around transferring or inheriting a social tenancy is crucial for protecting your family's housing security.

Understanding Social Tenancy Succession in Northern Ireland

Succession is the legal process where a tenancy passes on to someone else, usually after a tenant dies. In Northern Ireland, social tenancies can sometimes be passed to family members, but there are clear rules set out in the Housing (Northern Ireland) Order 1983.^[1]

The rules apply to properties let by the Northern Ireland Housing Executive (NIHE) or most housing associations.

Who Can Inherit a Social Tenancy?

• A spouse or civil partner who lived in the property as their only or main home at the time of the tenant’s death has the first right of succession.
• If there is no spouse or civil partner, another family member (such as a child, parent, or sibling) may qualify if they lived with the tenant in the property as their only or principal home for at least 12 months before the tenant's death.

Only one succession is usually allowed per tenancy. If the tenancy has already been passed on once, it cannot be succeeded again unless the landlord agrees as part of a new tenancy agreement.

What if You Want to Transfer Your Tenancy Before Death?

This is known as an “assignment” of tenancy. Assignments are only allowed in limited circumstances for social housing in Northern Ireland, and generally, you need the landlord’s written consent. Reasons might include exchanging homes with another social tenant (a mutual exchange).

If you’re thinking about a mutual exchange, you must:

• Get written approval from the Housing Executive or your housing association.
• Submit the correct form and information for yourself and the person you wish to swap with.

How to Apply for Succession or Assignment

If you believe you have the right to succeed a tenancy, or wish to assign it, you should act quickly. Here’s what to expect:

• Notify your landlord (NIHE or your housing association) as soon as possible—ideally within a month of the tenant’s death, or before any assignment.
• Complete the required forms and provide proof you meet the criteria (e.g., proof you lived at the property, birth or marriage certificates).
• Your landlord will review your application and either approve, ask for more information, or refuse (with reasons).

Official Forms You May Need

• NIHE Application for Succession of Tenancy—Used to apply to inherit a Housing Executive tenancy after the death of a tenant. This form will require details of the tenant, family members, and evidence of residence.
  Download Succession Application Form (NIHE)
• Application for Mutual Exchange—If you wish to swap your tenancy with another social tenant, this form is required for the Housing Executive or your housing association.
  Mutual Exchange Form and Information (NIHE)

What Happens if Succession or Assignment Isn’t Approved?

If you don’t meet the legal requirements, you might be asked to leave the property. However, the landlord (NIHE or a housing association) must follow the correct eviction process. You can appeal the decision and, in some cases, apply to remain as a new tenant.

The Northern Ireland Courts and Tribunals Service handles tenancy-related disputes such as appeals or possession orders for social housing.^[2]

FAQ: Passing On a Social Tenancy in Northern Ireland

1. Can a child automatically inherit a NIHE or housing association tenancy?
   Children can only succeed a tenancy if there is no surviving spouse or civil partner, and only if they lived in the property as their main home for at least 12 months before the tenant’s death.
2. Are partners who aren't married or in a civil partnership allowed to inherit?
   Unmarried partners usually do not have automatic succession rights unless stated in the tenancy agreement, but may qualify as a family member if they meet the residence condition.
3. Can a social tenancy in Northern Ireland be transferred before death?
   Assignment before death (transferring to a family member) is only allowed with the landlord’s formal consent, often for mutual exchanges, and using the correct application process.
4. If a succession application is refused, is there an appeal process?
   Yes. You can request a review or appeal the decision through your landlord or escalate to the Northern Ireland Courts and Tribunals Service if needed.
5. Does the right to succession apply more than once?
   No, there can generally only be one succession per tenancy. After that, any further succession is at the landlord’s discretion.

Key Takeaways

• Succession is possible for close family members, but only if they meet strict residency and relationship criteria.
• Assignment (transfer) of a tenancy requires your landlord’s consent and the correct forms.
• Disputes can be appealed through the landlord’s review process or the Northern Ireland Courts and Tribunals Service.

Always check your specific tenancy agreement and contact your landlord with any questions.

Need Help? Resources for Renters

• Northern Ireland Housing Executive (NIHE) Advice & Contact
• Northern Ireland Courts and Tribunals Service
• Housing Advice NI—Independent information and help for renters
• NIDirect: Housing Information and Services

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1. Housing (Northern Ireland) Order 1983: Succession Rules
2. Northern Ireland Courts and Tribunals Service

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