This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Succession

This content applies to England

Rules governing succession to different types of private and public sector tenancies when the occupant dies.

Rules when no one can succeed to a tenancy a tenant or licensee

A tenancy counts as property and can be passed on when the tenant dies. Common law rules apply where no one has a statutory right to succeed. 

Secure, flexible and introductory council tenancies

When a secure, flexible or introductory tenant dies, the tenancy can be passed on to a successor where the rules allow. 

Joint occupation

Remaining tenants succeed to joint tenancies under the right of survivorship, while the rules for the joint licences depend on the terms of the licence. 

Demoted tenancies

Rights to succeed to a demoted tenancy may be altered for the duration of demotion depending on the type of landlord. 

Periodic assured and assured shorthold tenancies

The rules of statutory succession to periodic assured and assured shorthold tenancies and passing on the tenancy under a will or the intestacy rules. 

Fixed-term assured and assured shorthold tenancies

General rules for succession to fixed term assured or assured shorthold tenancies and exceptions for tenants of some landlords. 

Regulated tenancies

Regulated tenants have the right to one or two successions depending on whether the first succession took place before 15 January 1989. 

Agricultural occupiers

Succession rights depend on the type of agricultural occupancy the occupier has and whether the agreement was entered into before 15 January 1989. 

Mobile homes

Categories of people with rights to succeed to a mobile home pitch agreement and the rules for when no one is entitled to succeed 

Rent arrears and possession orders after the death of a tenant

The successor's liability for the deceased tenant's rent arrears and the impact of suspended or outright possession orders. 

Back to top