Notice to downsize after a council tenancy succession
Read this page if you get a 'notice seeking possession' that mentions ground 15A.
The council or housing association can only give you this notice if:
you have succeeded to a secure or flexible tenancy
you were not married or civil partners with the tenant
If you get this notice it usually means they want you to move to a smaller council home.
Read this if the landlord asks you to move to a smaller home but you have not had a notice.
What must the landlord do?
The landlord must:
offer you a suitable home to move to
apply to court if you do not agree to move
A court can decide if what they have offered is suitable.
You can ask the court to let you stay.
When could you get this notice?
The landlord cannot give you a notice on ground 15A:
for up to 6 months after they first knew you relative died
after 1 year from when they first knew about the death
This means they only have a 6 month period to give you the notice.
Usually only councils use this ground.
Some housing association tenants have secure tenancies. This ground could be used.
Check the notice is correct
The council cannot make you move to a smaller home if they do not give you a valid notice.
A notice is valid if it has all the right information.
A notice from the council is called a 'notice seeking possession'.
You can check what the notice looks like on GOV.UK.
The council's notice to downsize must:
mention 'ground 15A' or 'under occupation following succession'
explain why they think you should move to a smaller home
say the council can go to court after 28 days
tell you where they want you to move
Check the council's succession policy
The council or housing association should follow their policy on succession. Ask them for a copy if you cannot find it on their website.
For example, the policy might say that they should give you a choice of 2 properties to move to before going to court.
Tell the landlord to follow their policy.
You can complain to the ombudsman if the council or housing association does not follow their succession policy.
Do you have spare bedrooms?
The council's notice might not be valid if:
someone moves into a spare bedroom
an unpaid or paid carer stays overnight
Sometimes a relative might move in. Or you might rent out your spare bedroom to a lodger.
You can explain to the court that your situation has changed because people moved in after you got the notice.
Example: a relative moves in
Maryam succeeds to her mum's 2 bedroom council flat.
The council accepts that Maryam is now a tenant. But they give her a notice on ground 15A because she's living alone.
She is only 18 and needs support after her mum's death. Her older sister Zara moves in.
Maryam tells the council that Zara is now living there. She asks them to withdraw the notice because she no longer has any spare bedrooms.
What happens after the notice ends?
The council has to ask the court for an order to make you move.
The court will send you a defence form.
You can use the form to explain to the court why:
the council's notice is not valid
the new housing offer is not suitable
you should be allowed to stay in your home
Always go to the possession hearing, even if you send the defence form before.
How the court decides if you have to move
The council or housing association can only go to court if they offer you another suitable home.
The court might decide you should stay where you live even if the new home is suitable.
Things that the court looks at include:
your age
the size and location of the new property
how long you've lived in your current home
what tenancy rights you will have if you move
how much support you gave to the tenant who died
if it's accessible to anyone in your household who has a disability
The court can also look at other things. For example, if the new property is not suitable because it's in a high rise block of flats and you have small children and use a pram.
Example: another home is not suitable
Fred lived with his dad in a 2 bedroom council bungalow. He's lived there all his life.
Fred's dad died last year. The council offer Fred a 1 bed flat on the 10th floor in the city centre. They say this is suitable because Fred lives alone.
Fred has problems with walking and uses a mobility scooter.
All the neighbours know Fred and help him with shopping when it is hard for him to go outside. For example, when the weather is bad.
Fred says that the new property is not suitable because he has nowhere safe to leave his mobility scooter. He would not be able to get to his flat if the lift broke down.
The city centre is very busy. He would find it very hard to use his scooter when he is out. He would not have any support in the new place and would be socially isolated in his flat.
If the council give Fred a notice on ground 15A, he can explain why the offer is not suitable.
If the council apply to court, a judge decides if it's reasonable for Fred to move.
Get legal help
Get legal advice.
You can get advice for free if you get a notice.
You might get ongoing legal help and support if you have a low income.
An adviser could help you explain to the court why you should stay in your home.
Last updated: 15 March 2024
