Right to Succession

If a Bernicia tenant dies, it may be possible for someone else to take over or “succeed” the tenancy. Whether this can happen depends on the type of tenancy, when it started, and what the tenancy agreement says. In most cases, succession can only happen once.

Who can take over the tenancy?

• Joint tenants (survivorship): if there were two joint tenants and one dies, the surviving tenant automatically becomes the sole tenant. This happens by law and does not need Bernicia’s approval.
• Spouse, civil partner or partner you live with: may be able to succeed if they were living in the home as their only or main home when the tenant died (some tenancy types require the partner to have been living there immediately before the death).
• Other family members: may be able to succeed if they meet the rules for that tenancy type (for example, a minimum period of living at the property before the tenant died may apply).
• Under 18s: succession can still go ahead, but the tenancy will be held in trust until the young person turns 18.

What counts as a qualifying family member?

Where the rules allow a family member to succeed, this usually means a close relative such as a parent or grandparent, child (including adopted child) or grandchild, brother or sister, aunt or uncle, or niece or nephew. Step-relatives and half-relatives are treated the same as full relatives.

How to apply

Please tell us as soon as possible if you want to apply to take over a tenancy after a death. Applications must be made in writing and should include a copy of the death certificate. Applications should normally be made within 1 month of the tenant’s death (however, where succession rights apply by law, a late application will not be refused just because it is late). We may also ask for evidence of your relationship to the tenant and (where relevant) proof that you have lived at the property for the required period.

We aim to acknowledge succession applications within 5 working days and make a decision within 28 working days. If we need more information or if the case is complex, we’ll keep you updated and explain any delay.

Rent charges and rent arrears:

• If you are the surviving joint tenant: you take over responsibility for any rent arrears and also inherit any rent credit.
• In other cases: any arrears or credit usually form part of the deceased tenant’s estate (they are not transferred to the person applying to succeed).
• If a new tenancy is granted (for example, in some contractual or discretionary cases), the rent and service charge will usually be set at the standard re-let charge for the property.

Property suitability

We have to make the best use of our homes. In some cases for example, where the home would be much larger than you need, or it has been specially adapted for someone with a disability, we may not be able to agree to you staying in the property. Where the law gives someone an automatic right to take over (such as a surviving joint tenant, or in some cases a spouse/partner), these “best use” rules do not apply. In other cases, we may offer suitable alternative accommodation instead.

If more than one person applies

If more than one person applies to take over a sole tenancy, a married, civil or cohabiting partner will normally take over the tenancy automatically at the point of death. If there is no partner and applicants cannot agree who should succeed, we will consider each application and decide who the successor will be. We’ll write to everyone who applied to explain the decision and the reasons for it.

If we cannot agree to succession

If an application is refused, we’ll write to explain why. If the occupier does not leave, we may have to take formal steps to end the tenancy and recover the home. We will also signpost you to your local authority for housing advice and to Citizens Advice. If we are aware that someone may be vulnerable, or that children are living in the home, we will make appropriate safeguarding referrals.

If a succession has been refused

When a succession has been refused and there is no one else living in the property the Lead Officer will contact the executor or administrator of the estate to sign a termination form and to arrange the return of the keys.

How to appeal

If you are refused succession, you can ask us to review the decision. You must request a review in writing within 21 days of receiving the refusal letter. The review will be carried out by someone who was not involved in the original decision, and we’ll write to you with the outcome within 28 working days of receiving your request.