Succession rights in the United Kingdom (housing law)

Succession rights in the United Kingdom's housing law refer to the legal rights that allow certain individuals to inherit a tenancy agreement when the original tenant dies. These rights provide a degree of security and stability for those who were living in the property with the tenant at the time of their death. The specifics of succession rights are governed primarily by the Housing Act 1985 (as amended), and the rules differ depending on the type of tenancy and the landlord.

Types of Tenancies:

The key distinction lies between secure tenancies (typically provided by local authorities or housing associations) and assured tenancies (typically provided by private landlords).

• Secure Tenancies: Secure tenancies offer the strongest succession rights. The Housing Act 1985 outlines the criteria for a successor. Generally, the successor must be the tenant's spouse or civil partner, or another member of the tenant's family who was residing with the tenant at the time of their death. "Member of the family" has a statutory definition and can include a person who lived with the tenant as husband and wife or civil partner, even if they were not legally married or in a civil partnership. The successor must have been residing with the tenant for a specific period (usually 12 months) immediately before their death. In some cases, there can be only one succession to a secure tenancy.

• Assured Tenancies: Assured tenancies generally offer fewer succession rights than secure tenancies. The Housing Act 1988 governs these tenancies. A spouse or civil partner may be able to succeed to an assured tenancy, but the rules are stricter and may depend on the terms of the tenancy agreement itself. Other family members typically do not have a statutory right to succeed to an assured tenancy.

Key Considerations:

• Qualifying Period of Residence: As noted above, a key requirement for succession is often a period of co-residence with the tenant before their death. The length of this period is typically 12 months, but this can vary. The applicant will need to provide evidence to prove that they were living at the address as their principal home for the qualifying period.
• One Succession Rule: In most cases, there can only be one succession to a secure tenancy. This means that if the original tenant succeeded to the tenancy, no further succession is possible.
• Tenancy Agreement Terms: The specific terms of the tenancy agreement can also affect succession rights, particularly for assured tenancies. Landlords can sometimes include clauses that restrict or limit succession.
• Suitability of the Property: A landlord may challenge a succession claim if the property is substantially larger than reasonably required by the successor.
• Joint Tenancies: In the case of a joint tenancy, the surviving tenant(s) automatically continue the tenancy; this is not considered succession.

Disputes and Legal Advice:

Disputes over succession rights are common and often require legal advice. If a landlord refuses to grant a succession, the potential successor may need to take legal action to assert their rights. It is always advisable to seek specialist advice from a solicitor or housing advisor when dealing with succession matters.