Council House Tenancy After Death: Who Can Take Over

When a council tenant dies, the tenancy does not automatically end. Depending on your relationship to the tenant and how long you have lived at the property, you may have the legal right to take over — known as succeeding to the tenancy. Acting quickly and understanding the rules is essential, as the council will need to be notified and the succession formally recorded.

The One-Succession Rule

Under the Housing Act 1985, most secure council tenancies allow only one succession. This means that if the tenancy was itself inherited from a previous tenant — for example, if the deceased had taken over the tenancy from a parent — there is no further statutory right for anyone else to succeed.

Local authorities are required to check their records before granting succession. If a previous succession has already occurred, you will not have an automatic legal right to stay, though the council retains discretion to allow it (see below on discretionary succession).

The one-succession rule applies to tenancies granted on or after 1 April 2012 under the Localism Act 2011, which tightened the rules. Tenancies granted before this date may be subject to slightly different provisions depending on the tenancy agreement.

Who Qualifies to Succeed

The Housing Act 1985 sets out who may qualify to succeed a secure tenancy:

• Surviving spouse or civil partner: has an automatic right to succeed, provided the property was their only or principal home at the time of death. There is no minimum residence period required.
• Cohabiting partner: a person who was living with the tenant as their spouse or civil partner is treated in the same way as a spouse for succession purposes.
• Other family members: adult children, parents, siblings, grandparents, grandchildren, or in-laws may qualify if they lived at the property as their only or principal home for at least 12 months immediately before the tenant's death.

"Family member" is defined broadly in the Housing Act and includes step-children and relationships by marriage, but does not extend to friends or lodgers.

What Happens If You Are Not Eligible to Succeed

If you do not qualify under the statutory succession rules — perhaps because you did not live at the property for 12 months, or because the tenancy has already been succeeded once — you do not have an automatic right to remain.

In this situation, the council will typically serve a Notice to Quit or a Notice of Possession Proceedings. You will usually be given a reasonable period (often a few weeks) to make alternative arrangements or to submit a request for discretionary succession.

You cannot be evicted without a court order. The council must follow the correct legal process, which includes:

• Serving a valid notice
• Applying to the county court for a possession order
• Obtaining a court warrant if you do not leave voluntarily

If you are in this position, contact a housing solicitor or your local Citizens Advice immediately. You may be entitled to a discretionary offer of housing, particularly if you have lived there for many years or have nowhere else to go.

How to Apply to Succeed a Tenancy

You should notify the local authority housing department in writing as soon as possible after the tenant dies. Most councils require:

• A letter or completed council form requesting succession
• A certified copy of the death certificate
• Evidence of your relationship to the deceased tenant
• Evidence of residence for 12 months (for family members other than a spouse): utility bills, bank statements, GP registration letters, or correspondence addressed to you at the property

The council will investigate your claim and write to confirm whether succession has been granted. Once granted, you will be issued a new tenancy agreement in your name. This is a new tenancy — you do not simply step into the old one — so it is worth checking whether the new agreement contains the same terms, particularly regarding rent and permitted alterations.

Continue to pay rent during the succession process. Rent arrears that arose under the previous tenant's tenancy do not automatically transfer to you, but the council may seek to recover them from the estate.

Discretionary Succession: When the Council Can Help Outside the Rules

Even where there is no statutory right to succeed, a local authority has discretion to grant succession or to offer an alternative tenancy. Councils are more likely to exercise this discretion where:

• The applicant has lived at the property for a significant number of years
• The applicant has a disability or medical condition that makes moving particularly difficult
• The applicant is elderly and the property has been adapted for their needs
• The applicant would face severe hardship if required to leave
• The property is significantly larger than needed by the applicant alone, but the council is willing to offer a mutual exchange or transfer to a smaller property

There is no guarantee of discretionary succession. The council will weigh the circumstances against its housing stock needs and waiting list obligations. If discretionary succession is refused, you can ask the council to review the decision through its internal complaints procedure, and ultimately refer an unresolved complaint to the Local Government and Social Care Ombudsman.

Some councils publish their succession policy on their website. It is worth reading this before making a formal application, so you can present your case in the most relevant way.

Practical Steps to Take Now

• Notify the housing department in writing as soon as possible after the tenant's death
• Obtain certified copies of the death certificate (usually five or more are needed across all administration tasks)
• Gather evidence of your residence at the property going back at least 12 months
• Continue paying rent to avoid arrears that could complicate your application
• Seek legal advice if you are uncertain about your eligibility or if the council is moving to possession proceedings