Succession following death of tenant
Bereavement can be traumatic and difficult. Along with coming to terms with the loss of a loved one, there are practical matters to consider. What you need to do when a council tenant dies depends on whether the tenant shared their home.
This page provides you with information on what happens to a tenancy when a tenant dies.
2. If the tenant shared their home
4. Who can succeed to a tenancy?
5. What happens if there is more than one qualified person?
6. What should I do if I want to succeed to a tenancy?
7. What happens if my application to succeed is successful?
8. What happens if my application to succeed is refused?
9. What happens if I do not want to succeed to the tenancy?
1. If the tenant lived alone
You should tell us about the death as soon as possible – please contact the appropriate local area office. By law, the tenancy will end on the date of the tenant’s death and any Housing Benefit or Universal Credit will stop. You need to remove all of the belongings and furniture within fourteen days. If you would like longer, arrange this with the Housing Officer.
2. If the tenant shared a home
Succession is where a family member or carer may inherit a council tenancy upon the death of the original tenant.
Only a ‘qualified person’ can succeed to the tenancy and succession can only occur when certain conditions are met. Information on who is a ‘qualified person’ and the conditions that must be met are defined by the Housing (Scotland) Acts 2001 and 2014.
3. What are the conditions?
Notification. Before East Lothian Council can accept an Application to Succeed to a tenancy, we must be in receipt of a Household Form from the original tenant that provides details of who is living in the tenancy.
Residency. In all cases, the tenancy must have been your only or principle home at the time of the original tenant’s death. Unless you are the joint tenant, spouse or civil partner - you must be noted on the Household Form as having lived at the tenancy for at least twelve months prior to applying to succeed to the tenancy.
Previous Successions. The number of times a tenancy may be inherited through succession is limited. If a ‘general needs’ property has been inherited twice in the past – you will not be able to succeed to the tenancy a third time. If you are a qualifying occupier who cannot succeed due to previous successions – you may remain in the property for up to six months. Please check your circumstances with your Community Housing Officer.
Type of Property. If the property you wish to inherit has been specially adapted to meet the original tenant’s health needs – you will only be able to succeed to the tenancy if you or a member of the household requires these adaptations. You may be offered alternative property but will not be able to remain in the specialist property
4. Who can succeed to a tenancy?
The Housing (Scotland) Act 2001 defines who is ‘qualified’ to inherit a tenancy and the ‘order of priority’ they are given. The priority refers to who will have the opportunity to succeed to the tenancy in the first instance.
Priority 1. The tenant’s surviving spouse/civil partner; cohabitee living as husband/wife; the surviving joint tenants.
Priority 2. If no one qualifies under the first priority or they do not wish to succeed to the tenancy; then the tenancy may be inherited by a family member as long as s/he is at least 16 years of age at the time of the tenant’s death.
Priority 3. If no one qualifies under the first two priorities or a qualified person does not wish to succeed to the tenancy, it may be inherited by a carer for the tenant or carer for a member of the tenant’s family. The carer must be at least 16 years of age and must have given up their only or principal home.
5. What happens if there is more than one qualified person?
If there are two or more qualified persons with the same level of priority, they should decide themselves who is to succeed to the tenancy – they may also wish to consider a joint tenancy.
If an agreement cannot be reached between the qualifying persons within 4 weeks of the original tenant’s death, then the council, as landlord, will decide. We will consult with all affected parties and try to make a decision in the best interests of the persons concerned and the council as landlords.
6. What should I do if I want to succeed to a tenancy?
If you think you are a ‘qualified person’ and meet the conditions for succession to a Council tenancy i.e. a Household Form has previously been submitted that includes your details - you must complete a Successions Application Form as a matter of urgency. Once completed, the form should be returned to your local housing office. We will notify you of the outcome of your application within 28 days.
Should you require any assistance with completing the form, please contact your Community Housing Officer.
7. What happens if my application to succeed is successful?
If your application is successful you will become the legal tenant of the property. We will ask you to sign a Scottish Secure Tenancy Agreement. A Community Housing Officer will contact you to explain what this means and answer any questions that you may have.
8. What happens if my application to succeed is refused?
We will write to you to tell you why your application for succession has not been successful. We only refuse an application to succeed if your details are not recorded on the Household Form we hold; you are not a qualified person or do not meet the residency criteria as defined by the Housing (Scotland) Acts 2001 & 2014, or that the conditions of succession cannot be met.
Can I appeal the decision to refuse my application to succeed?
The Housing (Scotland) Act 2001 does not give you the right to appeal against our decision. Where an applicant does not have the right to succeed, the Council do not have any legal discretion to grant a succession.
However, we provide you with the opportunity to appeal the decision to refuse your application to succeed. Information on how to appeal is contained in the refusal letter we send you. Please contact your Community Housing Officer if you need further information.
9. What happens if I do not want to succeed to the tenancy?
If you are a qualified person, you can stay in the tenancy for up to three months after the date of the original tenant’s death. We will provide you with an Occupancy Agreement for the duration of your stay. You must pay an amount equal to the rent but you will not be classed as the tenant. You must give us four weeks’ notice in writing and leave the property within three months.
If you are not a qualified person i.e. lodger, sub tenant etc., then you do not have a legal right to the property, the tenancy has terminated and you will have to leave.
Contact your Community Housing Officer at your local area office for more information