Succession of tenancy
When a tenant dies you may be able to succeed to (inherit) the tenancy.
Only one succession is allowed. If you are a surviving joint tenant, you will automatically succeed to the tenancy and this will count as a succession.
The rights to succession differ depending on the date the original tenancy was granted.
Am I eligible to succeed? Toggle accordion
The only people who can succeed to a secure tenant are –
Their spouse or civil partner
Where there is no spouse or civil partner, a member of the family. This could be a cohabitee, parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews and nieces. Step-relations and half relations are also eligible.
Family members must also have been living with the tenant for 12 months prior to death (24 months if the tenancy started after 1st April 2012).
If more than one person has the right to succeed, you would need to decide between you who is to succeed. If you cannot agree then a decision would be made by the Neighbourhood Team Leader as to who should succeed.
If you are unsure if you are eligible, you can contact your housing officer on 01727 819534 who can discuss this with you in more detail.
How do I apply? Toggle accordion
You can download an application form here or alternatively you can email email@example.com or call 01727 819534 to request one.
You can return the form to us via the above email address or post back to us at:
St Albans City & District Council
St Peters Street
St Albans Herts
Please note that in all cases until a decision is made you will be charged for use and occupation of the property. The income team will advise you of the charge and ways to pay.
Decision Toggle accordion
We aim to process all succession applications within 21 days and we will write to you and inform you of the decision.
If you were a spouse or civil partner who qualified to succeed, the tenancy will be transferred to you regardless of the size of the property.
Where any other relative qualifies to succeed but the property exceeds their housing need by one bedroom or more, they will be required to downsize to a property which matches their need. Their housing application will be allocated a priority band A and they will be given time limited bidding of 3 months, after which assisted bidding leading to a direct offer will be made.
If you wish to challenge the decision, we will refer your case to the Housing Review Panel, who will decide if you can remain in the property.
What happens if there are no succession rights? Toggle accordion
If you do not qualify to succeed, we will write to you explaining the reasons why and we will ask you to submit a housing application so your housing needs can be assessed. If you wish to challenge the decision, your housing officer will refer the matter to the Housing Review Panel.
We will also serve a 4 weeks Notice to Quit on the appropriate persons to bring the tenancy to an end. We will do this in person wherever possible. You will continue to be liable for use and occupation charges until the property is vacated and the keys are returned to us. If necessary, we will refer the case to the County Court for possession of the property.
We would advise you to seek housing options advice and independent legal advice.