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Succession

This content applies to England

There are specific rules governing succession to different types of occupancy when the occupant dies. 

This section contains information about what happens at common law when a person dies, and then gives information about specific types of occupancy and the criteria for succession for each.

The assignment of tenancies is covered in a separate section.

Introduction

A brief explanation of what happens when a person dies and explains the relevant terms. 

Same-sex couples and succession

Changes introduced by the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013. 

Common law rules on succession

There are common law rules that govern succession to all tenancies. The death of a tenant does not end a fixed-term or periodic tenancy 

Joint occupation

Succession rights of joint occupiers. 

Secure tenancies

Succession for different types of secure tenancies. 

Introductory tenancies

Succession rights to introductory tenancies as governed by the Housing Act 1996. 

Demoted tenancies

Succession where a tenancy has been demoted. 

Assured tenancies

The rules for succession to assured tenancies. 

Assured shorthold tenancies

Assured shorthold tenancies are a form of assured tenancy. A beneficiary of a fixed-term assured shorthold tenancy under a will or intestacy will become an assured shorthold tenant, if s/he takes up residence before the end of the fixed term. 

Regulated tenancies

Succession rights to regulated tenancies. 

Agricultural occupiers

The succession rights for agricultural occupiers or workers. 

Mobile homes

The succession rights of mobile home owners and tenants, which are governed by the Mobile Homes Act 1983. 

Licensees

Succession rights under a licence 

Liability for deceased's arrears

A successor's liability for a deceased tenant's arrears. 

Possession orders on succession

The impact of possession orders on succession. 

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