Succession of a tenancy occurs in the event of the death of an assured tenant or joint assured, when a tenancy and it’s terms and conditions are passed on to a spouse or a family member.

It is important to note 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 co-habiting 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 principle home.

·        If neither of the above apply then succession may be granted to a family member.

 

Family members include:

 

Parents

Grandparents

Children

Grandchildren

Brothers

Sisters

Uncles

Aunts

Nephews

Nieces

Relationship by marriage & step children

 

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, prior to the death of the tenant

·        Lived in the tenants home, as their only principle home at the time of the tenants death

·        Have inherited the property, by means of 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 amongst themselves who will succeed to the tenancy.  If they cannot agree the Trust will decide.

 

If you wish to succeed to a tenancy you must put your request in writing to the trust within 6 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 obligations e.g. rent arrears.   A new tenancy is not created and the successor becomes a tenant, not a lodger in possession or any other type of occupant.

 

It is also important to note that if the property would be more suitable other families or individuals the Trust may chose to re-house a successor in more suitable accommodation.

 

Situations of this would include:

 

·        Where the property is too big for the successor

·        Where the property has been specially built or adapted and the successor does not require these adaptations

·        Where the property is designed for an elderly person and the successor does not require these services

 

If you need further information contact us directly on Freephone 0800 012 1311 (it may be cheaper to call 0330 440 9707 from a mobile), email trust@cppht.com or write to Cheshire Peaks & Plains Housing Trust, Ropewalks, Newton Street, Macclesfield, SK11 6QJ