Succession and assignment

Content owner : housing@knh.org.uk Last updated : 09/08/13

Succession

In April 2012, the government changed the law regarding who can succeed or take over a council tenancy. This meant that the council also had to change its rules on succession.


For secure tenancies that began before 1 April 2012

When you die, your tenancy will pass to your husband, wife or civil partner if they were living with you at the time of your death. If you do not have a husband, wife or civil partner, the tenancy can pass to a member of your family, including your partner, as long as they had been living with you continuously for the 12 months before your death.

If a joint tenant dies, the tenancy will pass to the other joint tenant and this will count as a succession.


For secure tenancies that began on or after 1 April 2012

When you die, your tenancy will pass to your husband, wife, civil partner or partner, if they were living with you at the time of your death. If a joint tenant dies, the tenancy will pass to the other joint tenant and this will count as a succession.

There is no right in law for anyone other than a spouse or civil partner to succeed to the tenancy. However, Kirklees Council's policy is that if there is no surviving spouse or partner but a person has lived with you, they can succeed to the tenancy if:



  • the property is their sole or principal home and they have lived in it continuously for at least 12 months before your death
  • the property does not provide specialist services (such as adaptations for a wheelchair user)
  • the property is not too big for their housing needs, as defined by the council's allocations policy.

For all tenancies

There is no legal right to a second succession. We may agree to give a new tenancy of the property to a close relative, partner or carer in certain circumstances, as detailed in the allocations policy.

For more information, please visit Kirklees Council housing projects and policies

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