Succession rights in a council or housing association tenancy
Succession rights mean the right to take over the tenancy or inherit it when someone dies.
Joint tenancies always pass to the other tenant named on the agreement.
If there is no joint tenant, you can sometimes take over the tenancy if you're:
the tenant's partner
a close family member who lives there
When the tenancy passes to you in this way it is called succession.
Secure tenants can assign your tenancy to someone with succession rights before you die.
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Video: Can your children inherit a council tenancy?
Video transcript
Lots of council tenants ask us: 'will my tenancy pass on to my children when I die?'
Here are 3 things than can affect if your children can take over your tenancy.
1. The tenancy agreement says they can succeed
Children and other family members don't always have the right to succeed. They can usually only take over the tenancy if the tenancy agreement says so.
2. The tenancy has not been passed on before
Most council tenancies can only be passed on once. This includes if a joint tenant has died.
So if you and your partner are joint tenants, the tenancy probably won't pass on to your children when you die.
3. Your child has lived with you for at least a year
Usually, family members can only take over the tenancy if they have lived there for at least a year.
They might have to prove this, so make sure they're registered as living with you.
Even if you've checked these things and your children can't take over the tenancy, talk to the council.
They might create a new tenancy in your child's name.
Shelter adviser Laura explains 3 important things that affect who can inherit a council tenancy.
[Video length: 1:07]
You must live with the tenant
Your rights depend on:
how you are related to the tenant
your tenancy type and when it started
The tenancy must be your main home when your partner or relative dies.
Close relatives and some unmarried partners must live with the tenant for at least 1 year.
See our checklist of things you might have to show to prove your rights.
Only one person can take over the tenancy
This is usually the tenant's partner if they have one.
If more than one family member has succession rights, you can decide as a family who should get the tenancy. If you cannot decide, the council or a court chooses.
Many tenancies can only be passed on once
It might not be possible for the tenancy to pass to you if, for example:
your partner or relative inherited it from their parent or a former partner
your parents had a joint tenancy that continued when one parent died
a secure tenancy was signed over to your partner or relative by the original tenant before they died
Check the tenancy agreement to see if it says anything about the tenancy being passed on more than once. Look for the words 'second succession' or 'discretionary succession'.
If you cannot find the agreement, ask the landlord for a copy.
Find the landlord's succession policy
Search for it on the landlord's website or ask them to send you a copy. Some policies allow:
the tenancy to be passed on again in certain situations
carers or friends who have lived with the tenant for a long time to get a new tenancy
If you're offered a new tenancy, it could be in the same home or a different home.
The tenant's partner
You could succeed to the tenancy if you're:
married or civil partners
unmarried partners who lived together as a couple
You need to show that it's your main home when your partner dies.
Your succession rights usually come first before other family members.
If you're not married
With some tenancies you need to show you lived with the tenant for at least 1 year. This only applies to:
secure tenancies that started before 1 April 2012
introductory council tenancies
With an introductory tenancy, time living together in another home counts.
In these tenancies other family members may also have succession rights. You can decide as a family who should get the tenancy.
Close family members
You can sometimes take over the tenancy if your relative does not have a partner with succession rights.
The tenant must be your:
parent or grandparent
aunt or uncle
brother or sister
child, grandchild, niece or nephew
Step-relations, half-relations and in-laws also count.
Secure tenancies that started before 1 April 2012
You could take over the secure tenancy if:
you live with your relative for at least 1 year just before they die
they do not have a married or civil partner who lives in your home
Introductory council tenancies
You could take over the introductory tenancy if:
you live with your relative for at least 1 year just before they die
they do not have a married or civil partner who lives in your home
Time living together in another home counts.
All other tenancies
Check what the tenancy agreement says about succession.
You could take over the tenancy if:
the agreement lets a close relative succeed
you meet the conditions in the agreement
For example, a condition that says you have to live with the tenant for at least 1 year.
This applies to:
assured periodic tenancies - most housing association tenants have these
secure tenancies that started on after 1 April 2012
assured shorthold tenancies with a fixed term of at least 2 years
flexible council tenancies with a fixed term
If you succeed to a housing association assured tenancy that started before 1 April 2012, you will get a new tenancy and might be able to pass this on again when you die.
What if you cannot take over the tenancy?
You do not have to leave straight away.
If nobody has succession rights, the landlord can end the tenancy.
The council or housing association must:
give you a legal notice to leave
apply to court if you do not leave
The landlord should be sympathetic. They should give you some time to find somewhere else to live. For example, they could help you apply to the housing register.
You can still live there if someone else inherits the tenancy and they say you can stay.
Ask for help from the council's homeless team if you're told to leave.
Last updated: 3 March 2025
