Tenancy Management Policy May 2024

When a joint tenant dies, the tenancy passes to the surviving joint tenant automatically, regardless of the relationship between the joint tenants. This is called survivorship and counts as one succession. There can be no further statutory succession.

When a sole secure tenant dies, another family member may be entitled to inherit their tenancy. This is known in legal terms as a Succession. There can only ever be one succession to a Council tenancy.

Under section 86A of the Housing Act 1985, a tenancy that started before 1 April 2012 can be succeeded by the following family members:

• Husband/Wife
• Civil Partner
• Unmarried Heterosexual Partner
• Same-sex partner
• Grandfather/Grandmother
• Father/Mother
• Brother/Sister
• Uncle/Aunt
• Nephew/Niece
• Son/Daughter.
• Stepson/Stepdaughter
• Adopted child
• Grandson/Granddaughter.

Where the successor is under 18 years of age a trustee will need to be agreed to hold the tenancy in trust for them until their 18th birthday.

For secure Council tenancies created after 1 April 2012, there is no right for a family member to succeed. In normal circumstances, the following members can succeed a tenancy after 1 April 2012:

• Husband/Wife
• Civil Partner (registered under the Civil Partnership Act 2004)
• Co-Habiting partner.

To succeed a tenancy, the Council will check:

• The date the tenancy started
• If the individual is one of the persons listed above
• Whether the deceased was using the home as their main or principal home up until the date of death for at least 12 consecutive months prior to the death
• The successor was also living at the property as their main or principal home during this period whilst married, in a civil partnership or co habiting partner.

The Council will not agree to a succession in the following situations:

• If the applicant is unable to prove that they are a family member or that they live/had lived at the address as their main or principal home for the previous 12 months
• If a tenancy has already been succeeded as it cannot be succeeded again. This also applies if there has been an assignment of the tenancy.

An eligible successor to a Council tenancy is granted a continuation of the existing tenancy, not a new one. For example, if they had an introductory or a demoted tenancy, it will remain introductory or demoted until the full trial or demotion period has passed.

Where there is more than one person qualified to succeed, the tenant's spouse or civil partner is to have priority. If there are two or more family members entitled to succeed, then they must agree between them which one is to be the successor because only one person can succeed. If they cannot agree, a management decision will be made as to whom the tenancy should pass to. There can be no joint succession.

Whilst a family member may succeed to a tenancy this does not mean they can automatically remain in the home. The Council will work with the successor tenant considering their individual circumstances and either allow continuation of the tenancy at the property they have resided in or offer a suitable alternative that meets their housing need. The Council will not allow successor tenants to remain where the successor is under occupying or the property is adapted for a disabled person.

In such circumstances the Council may look to rehouse the successor into a more suitable property. The successor would be able to secure alternative accommodation via Homes4Wiltshire and / or be considered for a direct let whereby the Council will make one reasonable and suitable offer of alternative accommodation. If the successor refuses to move voluntarily then the Council will commence possession proceedings by serving a notice on the successor between 6 and 12 months after the previous tenant's death.

The Council would not look to seek possession of a property for under occupation if the successor was the spouse or civil partner of the deceased tenant.

Statutory succession overrides any other claims to the tenancy, for example under the deceased tenant's Will.

Where persons were occupying the property prior to death and cannot succeed, the Council may issue possession proceedings to regain possession and evict the occupiers. The Council will serve Notice to Quit and will require the occupiers to pay use and occupation charges equivalent to rent from the date of the expiry of the notice to quit until possession is given up. The obligation to pay use and occupation charges does not give the occupier any greater right to occupy, nor does it create a tenancy or prevent the Council from taking action to evict the occupiers.

7.1 Granting of discretionary succession

There may be circumstances where the Council may consider granting a discretionary tenancy of the current property or an alternative property when no statutory succession right exists. This will be an introductory tenancy and will be let in accordance with the Council's Allocations policy. Each case will be considered on its merits. The Council may also consider a use and occupation licence for a short time to allow the occupant to find alternative accommodation.