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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.

Probate, common law and succession

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. 

Same-sex couples and succession

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

Succession rights for 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. 

Council tenant right to buy after a death

The effect of the death of the tenant on the right to buy that property. 

Joint occupation

Succession rights of joint occupiers. 

Demoted tenancies

Succession where a tenancy has been demoted. 

Succession to periodic assured and assured shorthold tenancies

The rules for succession to periodic assured tenancies. 

Succession to fixed-term assured and assured shorthold tenancies

The rules for succession to fixed-term assured tenancies. 

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. 

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 possession orders. 

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