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Passing on a tenancy

Passing on a tenancy is called a right of succession.

On your death and as long as you are not a successor since 10th March 1997, certain people have rights of succession to your tenancy:

  • Your spouse or someone living with you as your husband or wife, provided that they occupied the home as their principal residence at the time of your death
  • Surviving joint tenants as long as they occupied the home as their principal residence at the time of your death

If you have no surviving spouse, partners or joint tenants, a member of your family can succeed to your tenancy if they meet all these conditions:

  • They have been occupying the property as their principal home
  • They lived with you throughout the 12 months before your death
  • They satisfy SSHA that they have a right to the tenancy under your will or your intestacy
  • They notify SSHA in writing of their claim to succession within six months of your death and apply for the Grant of Probate or letters of Administration.

More information about passing on a tenancy can be found in the conditions of your Tenancy Agreement.