Passing On a Social Tenancy to Family in Scotland: Your Rights

If you’re living in a social tenancy in Scotland—such as council housing or a property let by a housing association—you may want to know what happens to your tenancy if you pass away or need to move out. Understanding succession (the right to pass on your tenancy) is especially important for families. This guide uses up-to-date Scottish law and official sources to explain your rights and what steps to take.

Who Can Inherit (Succeed to) a Social Tenancy in Scotland?

Under Scottish law, certain family members and carers can inherit a social tenancy if the tenant dies. This is called succession. The rules are mainly set by the Housing (Scotland) Act 2001, Part 2, Chapter 3.^[1]

• First Priority: The tenant’s spouse, civil partner, or cohabiting partner (living as husband/wife/partner for at least a year)
• Second Priority: Other family members, like children, grandchildren, parents, siblings (if living with the tenant for at least 12 months)
• Third Priority: A carer (not a paid carer), if no family is eligible, also living in the home for a year

Succession can only happen if the home has been the person’s main residence for at least 12 months before the tenant died. The 12 months must have started after the landlord was notified the person lived there.

When and How Can You Pass On Your Tenancy?

The tenancy passes automatically after the current tenant’s death, if the 12-month condition is met. It does not allow for "gifting" the tenancy while alive except through certain official transfers, like an assignation, which must be approved by your landlord.

Assignation: Transferring a Tenancy to a Family Member

If you wish to transfer your tenancy to someone else while you are still alive, you must apply for an assignation. This means transferring the tenancy to another person living in the home. Your landlord must approve an assignation.

• Both you and the assignee must have been living in the property as your only or main home for at least 12 months.
• Your landlord can only refuse certain reasons set out in the law.

Key Steps for Succession or Assignation

• Let your landlord know in writing when someone moves in who could inherit (succeed to) the tenancy. This starts the “12 months residency clock”.
• After a tenant dies, the person who lived with them and believes they are eligible should contact the landlord immediately to report the death and discuss succession.
• If you are the joint tenant or eligible successor, provide documents proving your main residence and relationship.
• For assignation, complete an official application with your landlord and seek written consent.

The Scottish Government Social Housing Assignation Guidance explains the process in more detail.^[2]

Official Forms and Where to Find Them

• Change of Household Notification: Most landlords require a written letter or their own notification form. For example, Glasgow City Council provides a Change in Your Household form. Use this to notify your landlord about new or departing residents.
• Request for Assignation (Transfer) of Tenancy: Your housing association or council may have a specific assignation form. For example, the Fife Housing Group Assignation Application Form is submitted to your landlord for consent before transferring your tenancy.

Example: If you want to assign your tenancy to an adult child who has lived with you for the past year, you must both fill out the assignation application found on your council or housing association website and provide residency proof.

Which Tribunal Handles Disputes About Social Tenancy in Scotland?

If you feel a decision by your council or housing association is unfair, you can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber), which hears disputes involving social and private tenancies.^[3]

Relevant Legislation and Where to Read It

• Housing (Scotland) Act 2001, Part 2 Chapter 3: Succession
• Housing (Scotland) Act 2014 (amended residency rules)

Check these links to review your legal rights directly from official sources.

Frequently Asked Questions

1. Who can inherit my council or housing association tenancy if I die?
   Spouses, civil or cohabiting partners (of over one year's residence), certain family members, or carers (not paid) who have been living with you as their main home for at least 12 months may be eligible, following legal order of priority.
2. Can I give my tenancy to a family member while I'm alive?
   You may be able to assign (transfer) your tenancy with landlord approval if both you and the recipient have lived there as your main home for at least 12 months, and have notified the landlord.
3. What if my landlord refuses to let me assign or succeed to a tenancy?
   If you think the refusal was unfair or against the law, you can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. What documents do I need for succession or assignation?
   You’ll need proof of residency (such as bills or letters), identification, and evidence of relationship or caring duties. Check your landlord's FAQs or call for the current requirements.
5. How do I notify my landlord about someone moving in who may inherit my tenancy?
   Send a written notice or fill out your landlord’s official ‘change in household’ form; keep a copy for your records.

Conclusion: Key Takeaways

• Succession rules are strict—family or carers must meet residency and notification requirements.
• Assignation (transfer) needs landlord approval and proof you both lived there for a year.
• Always keep your landlord updated in writing about who lives with you to protect potential succession rights.

Understanding these steps now helps avoid stress later, ensuring your family’s housing security is protected.

Need Help? Resources for Renters

• Social housing tenants: mygov.scot guide
• First-tier Tribunal for Scotland (Housing and Property Chamber) – appeals and disputes
• Citizens Advice Scotland – Renting a home
• Your local council’s housing services (each has its own website and contact line)

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1. Housing (Scotland) Act 2001, Succession to Scottish Secure Tenancies
2. Scottish Government Social Housing Assignation Guidance
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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