Right to Buy After Death: Can Family Members Continue the Application?

When a council tenant dies partway through a Right to Buy application, the family members living in the home are often uncertain whether they can take over the process and eventually purchase the property. The answer depends on whether a qualifying family member can succeed to the tenancy — and on the precise stage the application had reached at the time of death. This guide sets out the rules and the practical steps involved.

How Right to Buy Works and Why Death Interrupts It

The Right to Buy scheme (established under the Housing Act 1985 and still in operation in England) gives secure council tenants the right to purchase their home at a discount. The discount increases with the length of the public sector tenancy, up to a maximum cap (£96,000 outside London, £127,900 in London as at 2024/25, subject to periodic uprating).

The right belongs to the secure tenant, not to the property. When that tenant dies, the Right to Buy application dies with them — unless someone can succeed to the tenancy and thereby acquire the right themselves.

If the application had not yet been submitted at the date of death, a successor tenant who meets the qualifying criteria will generally be able to make a fresh application in their own right. If the application was already in progress, the successor steps into the deceased's position and can continue it, provided the council accepts the succession and the successor meets the eligibility criteria.

Who Can Succeed to a Council Tenancy?

Succession to a secure tenancy is governed by sections 87 to 90 of the Housing Act 1985. The rules are as follows:

• A spouse or civil partner who was living with the tenant at the time of death has an automatic right to succeed, provided the tenancy has not previously been succeeded to
• Another family member — including a child, parent, sibling, or other relative — can succeed if they lived with the tenant for at least 12 months immediately before the death, and if the tenancy has not previously been succeeded to
• Only one succession is permitted in the lifetime of a secure tenancy. If the deceased tenant had themselves succeeded to the tenancy (for example, after a parent's death), there is no further right of succession

"Family member" is defined broadly in the Housing Act 1985 and includes children, parents, grandparents, grandchildren, siblings, aunts, uncles, nephews, nieces, and step-relations. It also includes a person who lived with the tenant as a couple (whether same-sex or opposite-sex) for at least 12 months before the death.

Timing the Succession Application to Preserve the Discount

The Right to Buy discount accrues based on the length of the public sector tenancy. Once a successor takes over the tenancy, they can count the full period of the deceased's tenancy towards their own discount entitlement — so a long-standing tenancy will generate the same discount for the successor as it would have for the deceased.

However, timing matters in a practical sense. If the Right to Buy application was at an advanced stage — for example, the council had already issued a Section 125 notice (the formal offer notice setting out the purchase price and terms) — the successor should act quickly to formally accept the succession and notify the council of their intention to continue the purchase. Delay can allow the application to lapse.

The successor should write to the council's housing department promptly after the death, providing evidence of their relationship to the deceased and of their 12-month residency. The council will then confirm whether succession is accepted and advise on the position of any existing Right to Buy application.

Where Contracts Had Not Exchanged at the Time of Death

If the Right to Buy purchase had progressed to the point where solicitors were involved and the legal process was underway — but contracts had not yet exchanged — the estate and the council find themselves in a somewhat uncertain position. In this scenario:

• The deceased's estate cannot complete the purchase, because the Right to Buy is personal to the tenant and cannot vest in the estate
• A qualifying successor who takes over the tenancy can continue the application in their own name, typically adopting the Section 125 offer that had already been made
• The council has no obligation to hold the application open indefinitely — the successor should engage with the housing department and the solicitors handling the purchase as quickly as possible

Where contracts had already exchanged and only completion was outstanding at the time of death, the legal position is more complex and specialist housing law advice should be sought urgently. In some circumstances, the estate may have enforceable contractual rights that can be pursued through the executor or administrator.

The Five-Year Discount Repayment Rule

This rule applies not when a tenant dies during the application process, but when a property has already been purchased under Right to Buy and the owner then dies. Under the Housing Act 1985, if a property purchased through Right to Buy is sold within five years of completion, the seller must repay a proportion of the discount to the council.

The repayment is calculated on a sliding scale:

• Sale within year one: 100% of discount repaid
• Sale within year two: 80% of discount repaid
• Sale within year three: 60% of discount repaid
• Sale within year four: 40% of discount repaid
• Sale within year five: 20% of discount repaid
• Sale after five years: no repayment required

If the property is sold as part of an estate administration within five years of the Right to Buy purchase, the discount repayment obligation will apply to the sale proceeds and must be settled from the estate. Executors should check the completion date of any Right to Buy purchase and calculate whether this liability exists before distributing the estate.

Practical Steps for Families

If you are a family member living in a council property where the tenant has died, take the following steps without delay:

• Contact the council's housing department and notify them of the death — do this within a few days, not weeks
• Check whether a Right to Buy application was in progress and at what stage
• Gather evidence of your 12-month residency at the property (utility bills, bank statements, council tax records, GP registration)
• Confirm whether the deceased's tenancy was itself a succession — if so, there may be no further right of succession
• If Right to Buy was underway, engage a housing solicitor promptly to protect your position and continue the application

The rules around succession and Right to Buy are technical, and councils do not always volunteer the full picture. Taking independent legal advice from a housing solicitor — many of whom offer free initial consultations — is strongly recommended before accepting anything the council tells you.