- if you lived with them before they died – it will only count if it was your main home and not a temporary one
- if you were living together as a couple
- if you’re related to the person who died
- how long you lived with the person who died
- the type of tenancy they had and how long they had it for
- what the tenancy agreement says – it might give you more rights to take over the tenancy
Check if there’s already been a succession
There can usually only be one succession to a tenancy. If a succession has already happened, for example when one partner dies and the other one takes over the tenancy, it can’t usually happen again. This means when the second partner dies, no one else will be able to take over the tenancy. It’s worth checking your tenancy agreement – it might say succession can happen more than once.If you were joint tenants
If you’re a named tenant on the tenancy agreement, you’ll keep the tenancy automatically.Check the tenancy type
You’ll need to check what type of tenancy the person who died had – once you know this, you’ll be able to check your succession rights. If you’re not sure what type of tenancy they had, use Shelter’s tenancy checker to find out. Contact us if you can’t find out the tenancy type of the person who died.If they had a secure, flexible or introductory tenancy
You can take over the tenancy and stay in your home if you were married to or in a civil partnership with the person who died. You’ll also need to have been living in the property as your main home. You might still be able to take over the tenancy if you weren’t married or in a civil partnership with them. You’ll need to have been living in the property as your main home. Depending on when the tenancy started, you may also need to have been living there for a year.If the tenancy started before 1 April 2012
You should be able to take over the tenancy and stay if the property was your main home and you were living with the person who died for at least a year. You’ll also need to have been either: in a couple with them before they died – this means you were living with them as if you were married or in a civil partnership related to them – this includes if they were your step-relation, half-relation or in-law (it doesn’t include foster children) If you were married or in a civil partnership with the person who died, you’ll take priority over any other family members. It’s worth checking the tenancy agreement – it might say other people can take over the tenancy.If the tenancy started after 1 April 2012
You should be able to take over the tenancy and stay in the property if you were in a couple with the person who died. This means you were living with them as if you were married or in a civil partnership. You’ll also need to have been living in the property as your main home. It’s worth checking the tenancy agreement of the person who died if you weren’t in a couple with them. It might say that someone else, for example another family member, can take over the tenancy.If they had a demoted tenancy
You should be able to take over a demoted tenancy and stay if the property was your main home and you were living with the person who died for at least a year as their:- husband or wife
- civil partner
- partner and you were living together as if you were married or in a civil partnership with them
If they had an assured tenancy
You can usually take over an assured tenancy and stay in the property if you were living with the person who died as their:- husband or wife
- civil partner
- partner and you were living together as if you were married or in a civil partnership with them
If they had an assured shorthold tenancy
You might be able to stay in your home – it will depend on how long the assured shorthold tenancy was for. This includes if you had a demoted assured tenancy which became an assured shorthold tenancy.If it was fixed for less than 2 years
It’s likely to be a starter tenancy if it’s for a fixed term of less than 2 years. You won’t usually be able to take over the tenancy .If it was fixed for 2 years or more
You can usually take over the tenancy and stay in the property if it was your main home and you were living with the person who died as their:- husband or wife
- civil partner
- partner and you were living together as if you were married or in a civil partnership with them
If the fixed term ended and the tenancy continued
If the person who died had a tenancy for a fixed time and didn’t sign a new agreement, they probably had a periodic tenancy. You can usually take over the tenancy and stay in the property if it was your main home and you were living with the person who died as their:- husband or wife
- civil partner
- partner and you were living together as if you were married or in a civil partnership with them
Taking over the tenancy
You’ll probably need to fill in a form and prove you have the right to take over the tenancy. Your local council or housing association should send you the form when you tell them about the death. If they don’t, call them and ask what you need to do to take over the tenancy. You might need to provide evidence that you lived in the property, for example bank statements, bills or benefit letters. You might also need to prove:- the previous tenant has died – you’ll probably need to show the death certificate
- if you were married or in a civil partnership with the person who died
- the property was your main home for at least a year before the person died
- you currently live in the property
If the council say you can’t take over the tenancy
If you think you should take over the tenancy, but the council say you can’t, it’s worth checking to see if they’ll review their decision. You might need to ask them how to request a review. Make sure you provide any evidence you have to prove you should take over the tenancy. This could include things like bills to show you’ve been living in the property for at least a year or that you’re currently living there. If your local council or housing association won’t review or change their decision, they might start possession proceedings – this means you could be evicted. You’ll have the opportunity to tell the court why you think you should have succeeded the tenancy and why you think the council is wrong. You’ll need to fill in the defence form – you’ll get this from the court. You should contact us if you think the council have got it wrong.Deciding who should take over the tenancy
If you were married to or in a civil partnership with the person who died you’ll get priority over anyone else to take over the tenancy. If you were living with the person as if you were married or in a civil partnership, you’ll usually have priority over someone who wasn’t in a relationship with them. If you are another family member and are entitled to take over the tenancy along with other people, only one of you can take it over. You’ll need to decide between you – for example if you and your brothers and sisters are entitled to take over the tenancy, you’ll need to decide who does. If you can’t decide, your local council will decide if you’re in a council home. A court will decide if you’re in a housing association home.If you can’t take over the tenancy
You won’t have to move out straight away. You should get at least 4 weeks’ notice from the council or housing association.
After 4 weeks, the council or housing association will have to go to court to make you leave – this will take time. You might have to pay costs if your council or housing association go to court to make you leave, but you could get more time in your home.
Coronavirus – if your landlord goes to court to evict you
Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules.
You should talk to an adviser as soon as possible if:
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you get letters or paperwork from the court
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bailiffs try to evict you
If your landlord started court action against you before 3 August 2020, they have to send you a letter before they can continue with their court claim. This letter is called a ‘reactivation notice’ – you can check what to do if you get a reactivation notice.