Tenancy succession checklist
Use this checklist before you contact the council or housing association about taking over a tenancy if the tenant dies.
It is a basic guide to things you need to know if you want to apply for a tenancy succession.
Joint tenancies always pass to the other tenant when someone dies. The information on this page does not apply to joint tenancies.
Which relatives can take over the tenancy?
You could succeed to the tenancy if you were the tenant’s:
married or civil partner
unmarried partner
child or grandchild
parent or grandparent
brother or sister
niece or nephew
aunt or uncle
Step-relations, half-relations and in-laws also count.
The rights of the tenant's married or civil partner - and sometimes an unmarried partner - come first before other relatives.
The tenancy agreement might need to say that other relatives can take over the tenancy.
Find out more about the tenancy succession rules.
Get proof of how you were related
For example, you might be asked for your:
birth certificate
parents' birth certificates if you were a grandchild
marriage or civil partnership certificate
Get proof of where you live
Sometimes, you need to have lived with the tenant for at least the last year to succeed. If this happens, you need proof of when you moved in.
For example, you might be asked for:
bank statements
wage slips or proof from your employer
benefit letters from the DWP
utility bills like gas, electric or water bills with your name on them
your name at the address on the electoral roll
letters from neighbours that say you live at the property
proof from your GP that you are registered at the address
Update your address when you move in with a tenant
You need to show the tenancy is your main home if your partner or relative dies.
For example:
tell the landlord you've moved in
register to vote at your new address
Talk to your partner or relative about this. Ask them if you can put your name on a bill like the water or gas bill. Get any benefit letters sent to the address. Make sure your bank statements have the address on them.
Get other documents ready
It is useful to have these documents:
the tenancy agreement
proof of identity like a passport or driver’s licence
the death certificate – tell the landlord if this will take time
More information
Most councils and housing associations have a succession policy on their website. This should say who can take over the tenancy and what evidence you need.
You can also use our succession checker.
The checker tells you more about:
who can succeed
the rules for different types of tenancies
your options if the landlord says you have to leave
Last updated: 14 March 2024
