Understanding succession in Scotland
Succession means a person steps into a tenants tenancy after the original tenant dies. In Scotland this is governed by the Private Housing (Tenancies) (Scotland) Act 2016 and tribunal practice, so it is important to check the law and act quickly if you think you have a right to remain.[3]
Who may be able to succeed
- Eligible joint tenant or spouse who already shares the tenancy agreement may succeed automatically.
- Close family members or partners who lived at the property as their main home may be eligible to succeed or to apply to the tribunal.
- Anyone with written permission from the landlord or a confirmed transfer will be treated according to the tenancy terms.
Key documents and forms to gather
Collect documents early to prove occupancy and relationship to the tenant. Typical evidence includes tenancy agreements, joint bank statements, utility bills in your name, a death certificate and any written communication with the landlord. These documents help if you need to apply to the tribunal.
Official forms and where to find them
When succession is disputed, or if you need a formal decision, you normally apply to the First-tier Tribunal (Housing and Property Chamber) for Scotland. The tribunals website explains the application route and provides the required application form and guidance; use that form when you seek a legal determination about succession and possession.[1]
When confirming a death you will need an official death certificate issued by the registrars in Scotland; this is essential for landlord notifications and tribunal applications.[2]
How to notify your landlord
- Contact the landlord or managing agent in writing as soon as possible and say you are making a claim to succeed or that you will be applying to the tribunal.
- Attach copies of supporting documents such as the death certificate and proof you lived at the property as your main home.
- Keep a dated record of all letters, emails and calls.
FAQ
- Who can succeed to a private residential tenancy in Scotland?
- Joint tenants and spouses or civil partners commonly succeed automatically; other household members who can prove they lived at the property as their only or main home may apply to the First-tier Tribunal for a decision.
- What if the landlord says you must leave immediately?
- Do not leave immediately without checking your rights: notify the landlord in writing, gather evidence and consider making an application to the tribunal if the landlord seeks possession.
- How long will a tribunal decision take?
- Times vary by case and by tribunal workload; file promptly, provide complete evidence, and attend any hearing or review listed by the tribunal to avoid delay.
How-To
- Check the tenancy agreement and note whether you are named on it or regarded as a joint tenant.
- Tell the landlord in writing you intend to claim succession or that you will apply to the tribunal, attaching a copy of the death certificate.
- Gather evidence of residency: bills, bank statements, NHS records or other documents showing the property was your main home.
- Complete the tribunal application form from the First-tier Tribunal (Housing and Property Chamber) and submit it following their guidance.[1]
- Attend any tribunal hearing or provide extra information when asked; follow the tribunals directions and deadlines carefully.
Key Takeaways
- Some people succeed automatically, others must ask the tribunal for a decision.
- Gather strong documentary evidence showing the property was your main home.
- Contact the landlord in writing and keep dated records of all communication.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber) - Scotland
- National Records of Scotland registering a death
- Private Housing (Tenancies) (Scotland) Act 2016
