Taking over a tenancy

There is a legal right for someone to take over the tenancy after the tenant dies if:

• the tenant, who has died, did not become the tenant by taking over the tenancy on the death of a previous tenant
• the person wishing to take on the tenancy is the tenant's spouse and they lived at the property as their principal home, when the tenant died
• the person wishing to take on the tenancy is a member of the tenant's close family and they lived at the property, as their principal home, for the 12 months before the tenant died.

Where the person was living with someone as man and wife (cohabiting) but were not married to them, they are considered a close family member rather than a spouse. The council treats requests from same sex couples in the same way as other unmarried couples who cohabit.

A joint tenancy will not be created where someone succeeds to the tenancy. Where there is more than one person who could succeed, the spouse of the deceased tenant will be given the tenancy. If there is no spouse, the people who have the right to succeed will decide between themselves who should take over the tenancy. If they cannot agree, we will make the selection.