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A Right to Buy application can be continued by a qualifying family member who succeeds to the tenancy under the Housing Act 1985. To qualify, the successor must have lived in the property as their only or principal home for at least 12 months before succeeding to the tenancy. Where the application was already underway and the discount had accrued, that discount can in many cases be preserved through the succession process.
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.
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.
Succession to a secure tenancy is governed by sections 87 to 90 of the Housing Act 1985. The rules are as follows:
"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.
One succession only:
The one-succession rule is absolute. If the deceased had themselves inherited the tenancy from a parent or other relative, there is no further right of succession for anyone living in the property. The council will be entitled to recover possession. This is a common source of distress for families — always check the tenancy history before assuming succession is possible.
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.
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:
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.
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:
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.
Transfer to a family member does not trigger repayment:
Transferring the property to a qualifying family member under a will or intestacy does not in itself trigger the discount repayment obligation. It is only when the property is sold that the five-year clock matters. However, if the family member who inherits then sells within the five-year window, the repayment falls on them as the seller. Executors should make beneficiaries aware of this restriction.
If you are a family member living in a council property where the tenant has died, take the following steps without delay:
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.
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What executors and landlords need to know when a tenant dies. Ending the tenancy, accessing the property, deposit returns, and disclosure obligations.
A tenant's guide when their landlord dies. Tenancy rights, who to pay rent to, repairs and maintenance, and what happens if the property is sold.
SDLT implications when inheriting or buying inherited property. The 3% surcharge, 36-month replacement window, and Scotland and Wales equivalents.
The Class F council tax exemption for a deceased person's empty property. How to apply, how long it lasts, and what happens when the exemption ends.
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