Succession rights in the United Kingdom is an area of housing law concerning the ability to pass on their tenancy when they die something known as a succession. [1]
Succession rights in the United Kingdom is an area of housing law concerning the ability to pass on their tenancy when they die something known as a succession. [1]
A council house can only have one succession unless a tenancy document grants more. [2] If an inherited council house is too large for an individual's needs, then a tenant can also be evicted for under-occupation, although the council would have to provide suitable alternative accommodation. [2] The right of succession was granted by the Housing Act 1985. [3] The Localism Act 2011 amended the succession rights of tenancies created after this date and limits them to the spouse or partner of the deceased. [4]
Whether or not a housing association tenant has a right to succession depends upon the type of tenancy they hold, be it an assured tenancy, an assured shorthold tenancy or a secure tenancy. [5]
The Housing and Planning Bill proposes that secure council tenancies will be replaced by tenancies lasting between two and five years. Under the proposals family members will not inherit a lifetime tenancy.
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