Passing on a Social Tenancy to Family in Wales: Your Rights

Social tenancies provide vital housing for many families in Wales. But what happens when a tenant passes away or moves out—can a family member inherit the right to stay? Understanding your rights about passing on a social tenancy can make all the difference to your family’s housing security.

Understanding Succession Rights for Social Tenancies in Wales

"Succession" means someone taking over a tenancy when the original tenant dies. In Wales, succession to a social tenancy is governed by the Renting Homes (Wales) Act 2016 and applies to both council and housing association properties.

Who Can Succeed a Social Tenancy?

• Spouses and civil partners: The tenant's spouse or civil partner (who lived at the property as their only or principal home at the time of death) has the strongest claim.
• Cohabitees: Someone who lived with the tenant as if they were married or in a civil partnership, also qualifies if they were living there as their main home.
• Other family members: Adult children, parents, siblings, or other close relatives who have lived at the property as their only or main home for at least 12 months before the tenant died.

Usually, only one succession is allowed. If the tenancy was already passed on, there might be no further right to inherit. Specific terms may differ by landlord—so check your tenancy agreement or speak to your landlord.

Key Conditions for Successors

• The property must be the successor’s only or principal home
• The successor must have been living there for at least 12 months (except for spouses/civil partners)
• The landlord must be notified as soon as possible after the tenant’s death

How Succession Works: Steps and Forms

If you believe you have the right to take over a social tenancy:

• Notify the landlord or housing association that the tenant has died and that you wish to claim succession.
• Provide evidence of your relationship and how long you’ve lived in the property (e.g., utility bills, council tax, bank statements).

Relevant Official Forms

• Succession or Assignment Application (Council or Housing Association)
  - Each council or housing association in Wales will have its own succession/assignment form. There is no central Form Number, but you can find it on your landlord's website or by contacting your local housing office.
  - Example: After a tenant’s death, their adult son who lived in the home for over a year applies to succeed the tenancy by completing the council’s "Tenancy Succession Application" and submitting the required documents.
  - Sample: Cardiff Council Succeeding a Tenancy

If your request is refused, you have a right to appeal or make a complaint using the landlord’s or council’s official complaints procedure.

What If There's Disagreement or Eviction?

If your succession application is refused, or you are threatened with eviction, you can challenge the decision. In Wales, residential tenancy disputes (including succession disagreements) are handled by the Residential Property Tribunal Wales.

• You’ll need to follow the tribunal’s application process and may want to seek advice or support from a renters’ advocacy group or Citizens Advice.

Challenging a refused application can feel daunting, but knowing your rights and the legal process will help protect your family’s home.

Legislation Governing Succession in Wales

The main law covering passing on social tenancies in Wales is the Renting Homes (Wales) Act 2016, especially Parts 3, 4, and 6, which set out succession, joint contracts, and assignment.

Frequently Asked Questions

1. Who can inherit a social tenancy in Wales?
   Spouses, civil partners, partners who live together, and certain family members (like children, parents, or siblings) who lived in the home as their main residence for at least 12 months before the original tenant's death are usually eligible to inherit.
   
2. How do I prove eligibility to succeed a tenancy?
   You need to submit a succession application form (from your council or housing association), along with evidence of your relationship to the deceased tenant and proof you've lived in the property for the required time.
   
3. What if more than one person is eligible to succeed the tenancy?
   The landlord (council or housing association) will decide who is most entitled—usually a spouse or partner has priority. If there is a dispute, you can appeal or seek advice from the Residential Property Tribunal Wales.
   
4. Can my tenancy be passed on more than once?
   Most social tenancies in Wales only allow one succession. Check with your landlord for specific rules and exceptions.
   
5. What if my application is refused?
   If refused, you can use the complaints procedure of your landlord or apply to the Residential Property Tribunal Wales for a ruling.
   

Key Takeaways for Renters

• Spouses, partners, and close family may have the right to take over a social tenancy in Wales, but specific conditions apply.
• Apply for succession as soon as possible after the tenant’s death using your landlord’s official form and provide clear evidence.
• Disputes can be appealed to the Residential Property Tribunal Wales, and support is available from government and advice agencies.

Understanding your rights and acting quickly can help keep your family home secure during difficult times.

Need Help? Resources for Renters

• Welsh Government – Get Help with Housing
• Citizens Advice Wales – Housing advice
• Residential Property Tribunal Wales – For disputes and appeals
• Your local council or housing association’s housing office (search your area council website)

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1. Renting Homes (Wales) Act 2016
2. Residential Property Tribunal Wales
3. Cardiff Council – Succession of Tenancy
4. Welsh Government – Get Help with Housing

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