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Taking over a tenancy

Information on taking over a tenancy if you lived with a spouse or parents who have died and can your child take over your council tenancy. 

I am a joint council tenant with my spouse but they have died, will my tenancy carry on?

If your spouse was a sole council tenant and they have died, the tenancy will automatically pass to you as their spouse or civil partner, as long as you were living with them at the property at the time of their death.

If you are a joint council tenant and the other party or parties to the tenancy die, the tenancy will continue in the names of the surviving tenants as successors as long as the right of succession has not already been used. We may agree to a discretionary second succession, but if we do not you will have the right to appeal.

You must contact your area housing office so that our records can be updated and and any necessary changes made.

Email: housing.services@eastriding.gov.uk 
Telephone: (01482) 396301

I’ve lived with my parents in a council property but they have both died now, can I carry on living here?

If your parent or parents were the tenants of your council home, their tenancy started before 1 April 2012 and they have died, you may be able to take over the tenancy, as long as you have lived with them continuously for the last twelve months and the right of succession has not already been used.

If your parent/parents did not become tenants until 1 April 2012 or after, there has been no previous succession and the property is appropriate for your needs, we may allow a discretionary succession to the tenancy if you have lived with them for at least the year preceding their death.

By law there is only one right of succession to a tenancy i.e. the tenancy can only be passed on once.  In limited circumstances we may consider an application to grant a new tenancy to a surviving family member where the right of succession has already been exercised, the property is suitable for their needs and they lived with the deceased for the five consecutive years preceding the tenant's death. Where the application is not successful there is a right of appeal to the housing appeals committee.

If you succeed to the tenancy of a property that is not suitable for your needs, e.g. a sheltered flat and you are under 60 years of age, we may take steps to provide you with more suitable accommodation.

You must contact your area housing office to discuss the tenancy.

Email: housing.services@eastriding.gov.uk 
Telephone: (01482) 396301.

I’m moving out, can my son/daughter take over my council tenancy?

You are not able to pass on (assign) your tenancy to someone else unless:

  • you mutually exchange your home with another tenant
  • the court has made an order that we must transfer the tenancy from one married partner to another
  • the tenant(s) have died and you have the right to succeed to the tenancy.

If you have any queries regarding your tenancy you should contact your area housing office.

Email: housing.services@eastriding.gov.uk 
Telephone: (01482) 396301

If you are the tenant(s) and you move out but you leave your child in occupation, we would regard them as unauthorised occupier(s) and would take steps to evict them and end your tenancy. You may be charged the costs of taking such action.

Last Updated: Friday, 06 January 2017