Death and Succession
Someone who lives with a contract-holder (tenant) at the property, may have a right to carry on with the contract if the contract-holder dies.
When a sole contract-holder dies
If a sole contract-holder dies and they lived alone, the contract comes to an end one month after the death, or if earlier, when we are given notice of the death by someone authorised to inform us e.g. family representative.
Succeeding to an occupation contract when a contract-holder dies
If you lived with a contract-holder (tenant) as your only and main home when they died, or for at least 12 months before they died, you may have the right to take over the occupation contract (tenancy). This is called a "succession".
There are laws that set out who can succeed. For example, your right to succeed to an occupation contract (tenancy) depends on your relationship with the person who died, and what type of occupation contract they had.
Who can succeed?
There are two types of ‘successors’, Priority and Reserve. The type of people in these categories will be family members and carers or people who are the spouse or civil partner of the deceased (or living as such).
A person could qualify to take over an occupation contract on the contract-holders death as both a priority or a reserve successor (for instance a spouse). So, in practice there may be, over time, two successions to an occupation contract (but no more).
If you think you have a right to succeed to an occupation contract, then please complete the Request for Information form. We will then investigate your request.
We will let you know our decision as soon as possible.