In the event of a contract holder passing away, a resident living in the home may have a legal right to take over the contract.
- Update the Contract information, if there are two joint contract holders and one dies, the remaining contract holder will become the only contract holder without the needs for a succession application to take place. The contract will automatically change to the remaining sole contract holder.
- Where there is no joint contract holder, allow a priority succession to the contract to take place if a sole contract holder dies. We will do this following receipt of a succession application being completed and investigated.
- Allow a second succession to take place, as stated in our Occupation Contract. This extra succession has the below rules;
- We will allow a second succession to take place with a husband, wife or partner as mentioned above
- 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 12 months before the contract holder died. Qualifying members of the family are parent, grandparent, child, step-child, grandchild, brother, sister, aunt, uncle, carer, nephew and niece, as defined in the Housing Act 1985.
- 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.
- Consider a request for succession which should be filled in as soon as possible but no later than 1 month from the date of death.
- 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 over the contract if more than one person is suitable to become the contract holder, but we will consider any wishes expressed in writing during the lifetime of the contract holder.
We will not:
- Allow a second succession to a family member or carer, if they have not lived at the property for 12months or more.
- Give a contract to someone who does not qualify to succeed the contract.