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  4. Can I apply for a succession?

Can I apply for a succession?

In the event of a tenant passing away, a resident living in the home may have a legal right to take over the tenancy.

We will:-

  • Update the tenancy If there are two joint tenants and one dies, the remaining tenant will become the only tenant.
  • Update the tenancy if a sole tenant dies by moving the tenancy to the husband, wife or partner if they were living with them when they died.
  • Allow a second succession to take place, as stated in our Assured Tenancy Agreement. This extra succession has the below rules;
  1. We will allow a second succession to take place with a husband, wife or partner as mentioned above
  2. We will allow a second succession to a family member or carer but only if he or she has been living in the home for five years before the tenant died.
  • Give priority to a spouse or partner over any other family member or unpaid carer for a second succession.
  • Support someone to seek a more suitable property if the home is too large for their needs or for example has adaptations.
  • Allow succession to another family member or carer if they have been living in the property for a period of twelve months or more before they die. Qualifying members of the family are parent, grandparent, child, step-child, grandchild, brother, sister, aunt, uncle, nephew and niece, as defined in the Housing Act 1985.
  • Consider a request for succession which should be filled in as soon as possible but no later than 3 months from the date of death.

We may:-

  • Make an offer of a different property if the home is not suitable for anyone allowed to succeed.
  • Take court action to recover possession of the home, if the home is not suitable and the person left in the property refuses to move to a more suitable property.
  • Decide who will take the tenancy if more than one person is suitable to become the tenant, but we will take into account any wishes expressed in writing during the lifetime of the tenant.

We will not:

  • Allow a second succession to a family member or carer, if they have not lived at the property for five years or more.
  • Give a tenancy to someone who does not qualify to succeed the tenancy.

 

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