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Home > Your tenancy > Tenancy > Succession and Assignment

Succession of a Tenancy

Succession of a tenancy occurs following the death of an assured tenant or joint assured, when a tenancy and its terms and conditions pass on to a spouse or a family member.

It is important that succession is the transfer of a tenancy and not a property.

After the death of a tenant:

• If there is an existing joint tenant, they automatically become the sole tenant. 
• If there is no existing joint tenant, the husband, wife or cohabiting partner (including same sex partner) can succeed to the tenancy providing they were living in the property immediately before the tenant’s death, as their only principal home. 
• If neither apply then Derwentside Homes may grant succession to a family member.

Family members include:
• Parents
• Grandparents
• Children
• Grandchildren
• Brothers
• Sisters
• Uncles
• Aunts
• Nephews
• Nieces
• Relationship by marriage and stepchildren

A family member must provide evidence that they:
• Are a member of the tenants household.
• Lived with the tenant for a minimum of 12 months, before the death of the tenant.
• Lived in the tenants home, as their only principal home when the tenant died.
• Have inherited the property, by a will or probate.

Only one person can succeed to the tenancy. There can be no joint succession. If there is more than one family member qualified to succeed, they must agree among themselves who will succeed to the tenancy. If they cannot agree, Derwentside Homes will decide.

If you wish to succeed to a tenancy you must put your request in writing to Derwentside Homes within six months of the tenant’s death.

If you take over a tenancy by succession, you become responsible for any existing breaches of the tenant’s responsibilities for example being in rent arrears. Derwentside Homes will not create a new tenancy and the successor becomes a tenant, not a lodger in possession or any other occupant.

If the property would be more suitable for other families or individuals Derwentside Homes may choose to rehouse a successor in more suitable accommodation.

Examples of this would include:

•  Where the property is too big for the successor. 
• A property built specially or adapted where the successor does not need these adaptations. 
•  A property designed for an elderly person where the successor does not need these services.

Assignment of a Tenancy

Usually, a new tenancy can only start after the existing tenancy has ended. The exception is when a tenancy is “assigned”. This means that a new person takes over the existing tenancy, which continues with a change of name.

You can assign a tenancy if:

• The person you are intending to pass your tenancy on to is a member of your family entitled to succeed to the property after your death. 
• As needed by a property transfer order made by a court in matrimonial proceedings. 
• By a mutual exchange where a tenant exchanges their home with another tenant, or a tenant of another Registered Social Landlord.

Derwentside Homes will also consider applications to assign an assured tenancy to someone who would qualify to succeed the tenancy if the tenant had died. In these circumstances you must be:

• Living with the tenant as husband, wife or cohabiting partner (including same sex partner) 
•  Another member of the family who has been living in the tenants home for 12 months

Family members include:
• Parents
• Grandparents
• Children
• Grandchildren
• Brothers
• Sisters
• Uncles
• Aunts
• Nephews
• Nieces
• Relationship by marriage
and stepchildren

You cannot assign your tenancy to friends who live with you.

If you assign your tenancy to another member of your family you will no longer have any right to occupy your home. A person who takes over a tenancy by assignment becomes responsible for any existing breaches of the tenant’s responsibilities for example rent arrears, and has to perform those responsibilities from the date he becomes tenant.

Derwentside Homes will not create a new tenancy and the successor becomes a tenant, not a lodger in possession or any other occupant.

The information on these pages is available in print or to download in our Sucession & Assignment Leaflet.