Succession Rights in Social Housing

The rules on succession differ slightly between council (secure) tenancies and housing association (assured) tenancies, but the basic framework is similar:

Council secure tenancies (Housing Act 1985):

• A spouse or civil partner who occupied the dwelling as their only or principal home has an automatic right to succeed.
• A cohabiting partner (someone living together as if married or civil partners) also has the right to succeed if the property was their only or principal home.
• Another family member who has lived with the tenant for at least 12 months immediately before the tenant's death may succeed, but this is subject to the landlord's discretion in some cases and depends on the terms of the tenancy.

Housing association assured tenancies (Housing Act 1988):

• The rules are broadly similar — a spouse, civil partner, or cohabiting partner who occupied the property as their only or principal home has the right to succeed.
• Other family members may also succeed if the assured tenancy agreement provides for this.

Succession rights are generally only available once. This means that if the tenancy has already been passed on through succession once, a second succession cannot normally occur. For example:

• Tenant A dies and their spouse (Tenant B) succeeds to the tenancy.
• When Tenant B dies, no further succession is available — even if a family member has lived in the property for years.

This is an important and often overlooked rule. If you are living in social housing with a tenant who themselves succeeded to the tenancy, you should be aware that you may not have succession rights when they die. It is worth checking the tenancy history with the landlord.

Some landlords have policies allowing a second succession in particularly compelling cases — for example, where an adult carer would otherwise be made homeless. This is discretionary and not a legal right, so contact the housing association or council to discuss the specific circumstances.

If you believe you have succession rights to a social housing tenancy, act promptly. Contact the landlord as soon as possible after the tenant's death — ideally within days — and state in writing that you are claiming succession rights. Provide evidence of:

• Your relationship to the deceased tenant (marriage certificate, civil partnership certificate, or evidence of cohabitation)
• Your occupation of the property as your only or principal home — utility bills, bank statements, or letters addressed to you at the property
• How long you have lived there (for family members other than a spouse or partner, at least 12 months immediately before the death)

The landlord will assess your claim and should give you a written decision. If they refuse your claim and you believe you are entitled to succeed, you can challenge the decision through the landlord's complaints process and, if needed, the Housing Ombudsman (for housing associations) or the courts.