Succession Rights for Renters in Wales: What You Need to Know

If you rent your home in Wales, understanding your succession rights is crucial—especially if a partner, family member, or joint tenant passes away. Succession allows someone else to take over a tenancy when the original tenant dies, protecting loved ones from losing their home during difficult times. Welsh tenancy law has unique rules, especially following the introduction of the Renting Homes (Wales) Act 2016.

What Are Succession Rights?

Succession refers to the legal right of another person (often a spouse, partner, or close family member) to inherit a rental agreement if the original contract-holder (tenant) dies. In Wales, these rules changed significantly under the Renting Homes (Wales) Act 2016, which applies to all secure and periodic standard contracts as of December 2022.

Who Can Succeed to a Tenancy in Wales?

The type of tenancy (now known as an ‘occupation contract’) affects succession rights. The main categories are secure contracts (provided by councils/housing associations) and standard contracts (mostly in the private sector). Succession rights are clearer and broader for secure contracts.

Potential successors include:

• Your spouse or civil partner who was living with you at the time of death
• Co-habiting partners of either sex who lived with the deceased as if they were married/civil partners
• Other family members (such as children, parents, siblings) who lived at the property as their main home for at least 12 months before the contract-holder died

Only one succession is usually allowed, and eligible successors must meet strict criteria. For secure contracts, a priority order applies: partners first, then other family members. For standard contracts, succession is mainly limited to spouses, civil partners, or persons named in the contract as able to succeed.

How Does the Succession Process Work?

If you believe you're entitled to take over a tenancy, you should:

• Contact the landlord (or housing association/council) as soon as possible
• Provide evidence of your relationship and residency (such as marriage certificates or utility bills)
• Complete any required forms (see below for official forms used)

The landlord will review eligibility and confirm if a succession can happen. If they refuse and you disagree, you may need to challenge the decision through the tribunal system.

Official Forms for Succession

• Surrender of Occupation Contract (RHW25)
  This form is used if the existing contract-holder wishes to end or transfer the contract. A practical example: A bereaved spouse may complete the RHW25 to update details or when arranging for a successor to be recognised. See the full form and guidance at the Welsh Government occupation contract forms page.
• Notice to End Occupation Contract (RHW23)
  If a joint contract-holder dies, the remaining holder should use RHW23 to notify the landlord and begin the succession process. More details can be found on the Welsh Government housing forms site.

Forms are usually submitted to your landlord or managing agent, often with supporting documents that show eligibility. If you're unsure what to use, check with your local council or housing support office.

Challenging a Succession Decision

If you're denied the right to succeed but believe you meet all the criteria, you can appeal to the Residential Property Tribunal Wales. This official tribunal handles disputes regarding tenancies and occupation contracts under Welsh law.

Your Rights Under Welsh Tenancy Law

Succession in Wales is governed by the Renting Homes (Wales) Act 2016 and its related regulations. This law sets out the rights and responsibilities for landlords and contract-holders, including how and when occupation contracts can transfer after a tenant’s death.^[1]

• Most social housing tenants (secure contracts) have stronger succession rights.
• Private renters (standard contracts) may have more limited options—check your contract for additional terms.
• Only one succession is generally allowed, unless your contract says otherwise.

Always review your written occupation contract and speak to your landlord or a housing adviser if you're unsure about your status.

Frequently Asked Questions

1. Who can inherit a tenancy in Wales if the tenant dies?
   Usually, a spouse, civil partner, or close family member who lived with the tenant as their main home for the 12 months before death can inherit—check your contract type for details.
2. Do private renters in Wales have succession rights?
   Some private renters on standard contracts do, but rights are usually more limited than in social housing. Your contract may include extra provisions, so always review it.
3. What should I do if my landlord refuses a succession request?
   If you believe you qualify, you can appeal to the Residential Property Tribunal Wales. Be sure to gather all supporting documents.
4. What evidence will I need to support a succession application?
   You may be asked for marriage/civil partnership certificates, proof of residence (like council tax bills), or evidence of your relationship to the deceased tenant.
5. Is there a time limit to claim succession in Wales?
   Yes—contact your landlord quickly after the tenant's death to avoid losing your rights, as you may only have a limited window.

Need Help? Resources for Renters

• Welsh Government Renting Homes hub – for guides and up-to-date forms
• Shelter Cymru – free specialist advice on tenancy succession and related rights
• Residential Property Tribunal Wales – for tenancy disputes, appeals, and applications
• Local council housing team – usually found via your council’s official website

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1. Renting Homes (Wales) Act 2016: Welsh legislation defining occupiers' rights and succession in tenancies.
2. Welsh Government occupation contract forms: Official forms and guidance for renters and landlords.
3. Residential Property Tribunal Wales: The official tribunal handling tenancy disputes in Wales.

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