We will also advise you if we intend to seek possession of the property at a later
date (between 6 and 12 months of the date the original tenant died). This will
only happen in circumstances where you were not the spouse or registered civil
partner of the deceased tenant, and the property does not match your own
housing needs.
If we refuse permission for you to remain in the property you have the right to
appeal against this decision. If you wish to do this you must contact the
principal housing manager based at your local area housing office. They will
hear your appeal and make a decision based on the evidence you present.
Succession of tenancy
As a successor to the tenancy you are taking over the
tenancy of the property. By doing this you take on
the rights and responsibilities of that tenancy. This
means that you will be responsible for paying the
rent from date of the succession and any arrears
specifically mentioned in any court order which
applies to the tenancy. You must also comply with
Dudley Council’s Conditions of Tenancy. You may
wish to seek independent legal advice about these
rights and responsibilities. Free help and advice is
available from your local Citizens Advice Bureau
who can be contacted on
01384 816066.
If you would like to
ask any questions
about any housing
related issue, you
can contact your
housing manager
by telephoning
01384 818283.
If you require any assistance with regards to this
document or would like to request an interpreter,
large print or audio version, please contact the
equality and diversity unit on 01384 813400
Version 1 July 2007
HOUSING MANAGEMENT
Important things that you should know
Succession to a Council Tenancy
What is a succession of tenancy?
How do I find out about succeeding to the tenancy?
We have made this explanation as simple as possible but if you are concerned
about this issue, please seek further advice, either from your housing manager or
from an independent source such as CAB. It is also important to know that the
law and local policies can change from time to time, and you will always need to
check the up to date position. This leaflet refers to Secure Tenancies, and
different conditions apply to Introductory, Demoted and Non-Secure Tenancies.
Once you have obtained a death certificate for the deceased tenant, contact your
local area office as soon as you can, bring a copy of the death certificate with
you. We appreciate that this will be a very stressful time for you but your local
housing manager will advise you on your housing options and ways to minimise
any debts, such as rent arrears, that may occur. You can telephone us on 01384
818283 to make an appointment with your housing manager.
The right to succession is the right to remain in the property as a tenant when the
tenant dies. Husbands and wives (spouses) and registered civil partners
automatically succeed providing they are living in the property at the time of
bereavement and there has not been a previous succession. They will not be
asked to move unless the property is adapted for a disability or is within a
sheltered housing scheme, and they do not need those facilities.
What happens next?
If there is no spouse/registered civil partner, another family member who has
been living there for at least twelve months may qualify to succeed. However, in
this case they may be asked to move if the property is one that they would not
qualify for because of its size or type. In these circumstances, alternative
accommodation is always offered, and they need not move until six months after
the bereavement. NB if a couple are not married, then legally the surviving partner
has to be treated as a family member, not as a spouse.
If two people are joint tenants and one dies, and the other succeeds to a
single tenancy, then that is the one succession allowed by law. A third
person (eg son or daughter) cannot then succeed to the tenancy on the
death of the other, but will usually be offered a suitable tenancy of his or her
own.
The rules described above are general rules, and there are some circumstances
where we will let someone stay in a tenancy even though they have no legal right
to do so eg because they have a disability and the property has been adapted for
them.
Where someone does have to move, we will try to make sure they are not
disadvantaged eg
• They will usually receive some financial help (unless they have only moved in
within the last twelve months)
• If they gave up a tenancy to move in and care for the tenant, we will usually
offer them another suitable tenancy.
Anyone who is asked to move following bereavement has a right to appeal
against the decision and have it reviewed. We will always take into
consideration any special circumstances put forward.
Once you have contacted us we will make a range of enquiries, and ask you for
evidence to prove your entitlement to succeed the tenancy. The type of
information we may ask for includes:
• Birth and marriage certificates where relevant
• Proof that you have lived in the property for a certain period of time (you can
prove this by producing council tax bills, child benefit/pension/tax credit
notifications etc)
• Proof of your own identity (you can prove this by producing your birth
certificate, passport, driving licence and National Insurance card).
We will then decide if you are
eligible to succeed the tenancy.
If you are eligible we will
explain the rights and
obligations you will be taking
on when you accept the
succession of tenancy.
Before deciding if you are
eligible to succeed, we will
check our records to
see if there have
been any
previous
successions of
tenancy.
By law we are
only allowed
to permit one
succession
of tenancy
per tenancy.