Lochaber Housing Association

Succeeding to a Tenancy

What is succession?

When a tenant has died, their tenancy can in some instances pass to someone who is living with them, and this is called 'succession'.

Who can succeed to a tenancy?

The law says that only certain people can succeed to a tenancy (known as "qualified persons"), and it sets out the order of priority in which they must be considered. This is as follows:

  • The first priority is the tenant's surviving spouse or partner - as long as they are living in the property as their only or principal home at the time of the tenant's death.
  • The second priority if there is no surviving spouse or partner, or they choose not to succeed, is a member of the tenant's family aged 16 or over, again, as long as they are living in the property as their only or principal home at the time of the tenant's death.
  • The third priority if there is no-one in the above categories, or they do not choose to succeed, is the tenant's carer, as long as they are aged 16 or over, and have given up their home to live with the tenant as their carer, and they are living in the property as their only or principal home at the time of the tenant's death.

Succession can happen twice - so if the succeeding tenant dies, the process of succession can happen again.

You may be asked to prove that you have been living in the property as your only or principal home in order to succeed to the tenancy.

If there is more than one person qualified to succeed to the tenancy, and the family cannot decide who should succeed, the Association will decide.

What about specially adapted houses?

Where a house has been designed or specially adapted for someone with special needs, only a surviving spouse or partner, or someone with special needs can succeed to the tenancy. If the qualifying person cannot succeed to the tenancy - e.g. where the child of the tenant would succeed, and they have no special needs, we will offer them alternative suitable accommodation.

How should I apply to succeed to a tenancy?

We understand that when someone close to you dies and you are responsible for sorting out their affairs it is a difficult time. We will deal sensitively with any enquiries you make.

Please contact your Housing Officer who will be able to help and advise you about succeeding to the tenancy.

You may find the following contacts useful:

The Highland Council
Lochaber Area Office
Lochaber House
High Street
Fort William
Tel: 01397 703881 Fax: 01397 704016
Freefone 0800 393 811
Service Points:
Acharacle tel: 01967 431487
Fort William tel: 01397 707256
Kinlochleven tel: 01855 831663
Mallaig tel: 01687 460027

Cruse Bereavement Care
Tel: 01397 705100


Shelterline: 0808 800 4444
Free impartial and independent housing advice

Lochaber Citizens Advice Bureau
Dudley Road
Fort William
PH33 6JB
Tel: 01397 705311

 

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