Apply for succession of a council or housing association tenancy

Inheriting a tenancy when someone dies is called succession or succeeding.

It means you can take over the tenancy.

You could have succession rights if you are the tenant's partner or close family member.

Before you contact the council or housing association about succession you can:

• use our tool to check your rights

• read about the tenancy succession rules

You will have to show evidence. For example, you might have to prove you were related to the tenant and lived with them.

Joint tenancies pass to the other joint tenant. The advice on this page does not apply to joint tenancies.

Tell the landlord you have succession rights

Contact the council or the housing association when your partner or relative dies.

Let them know that:

• you live there

• you have succession rights

Search for the landlord's succession policy on their website. It should say who to contact and what evidence you need.

If you speak to someone on the phone, ask for their name and the team they work for.

Use our letter template

Copy this template into an email to the council or housing association to confirm any phone conversations.

You can also send the letter as an email attachment or by post:

• Word template: Ask about tenancy succession (docx 23kb)

• OpenDocument template: Ask about tenancy succession (odt 11kb)

The council or housing association usually contacts you to talk about what to do next. You might need to fill in a form.

Show your relationship to the tenant

You need documents to show your relationship to the tenant who died.

For example, you could show the council or housing association:

• birth certificates if the tenant was your parent or grandparent

• your marriage or civil partnership certificate
  

Proof that you live in the property

The landlord might check the electoral register.

Make sure you're registered to vote where you live.

You might need to show that you lived with the tenant at the property for at least 12 months before they died.

Try to get documents with your name and address on them.

For example:

• payslips or a letter from your employer

• benefit letters from the DWP

• bank statements

• bills like gas, electricity or water bills
  

What to do when you do not have evidence

It can be hard to get a council or housing association to let you take over the tenancy if you:

• cannot show you were related to the tenant

• do not have documents to show you lived with the tenant
  

You can sometimes use letters from your GP to show your address.

You could ask people who might help prove you lived with the tenant. For example, support or care workers who helped you or the tenant.

Get free legal advice

Sometimes councils or housing associations send a notice to leave to the property.

They might do this even if they are looing at your tenancy succession rights.

You can get free advice if you get a notice to leave your home.

A legal adviser can:

• check the notice

• write to or speak to the landlord for you

You might get ongoing legal help if you have a low income and the landlord applies to court.