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The purpose of this section is to advise tenant’s of their rights with regard to succeeding to the tenancy of a council property, in the event of the death of a tenant.
The 1985 Housing Act states that the following people can apply to take over a tenancy, on the death of a tenant:
The deceased tenant's husband / wife or partner or a member of the deceased tenant's family which includes:
The above categories include step relations, half relations, illegitimate children and people who are living together as husband and wife.
Priority will be given to the tenant's partner, providing he/she has been living with the tenant at the time of the tenant's death and it is his/her only or principle home.
The housing department defines partner as being a husband and wife relationship.
If the successor is not the husband, wife or partner of the deceased tenant, he/she must also be able to prove that he/she has lived with the tenant for 12 months, ending with the date of the tenant's death. In all cases the successor must be living at the property as his/her only or main home.
If there are two or more adult members of the tenant's family entitled to take over the tenancy, they may choose between themselves which one is to be the successor tenant. If no agreement can be reached, the council will decide.
Introductory tenancies are granted to all new tenants, unless they have transferred from another council or housing association property. An introductory tenancy is granted for 12 months, before it becomes secure.
For introductory tenants, the same rules of succession apply; however, the tenancy will remain Introductory until the 12-month period has passed. The start of the probationary period is the date when the original tenancy was granted.
No. There is only one legal right to succession. Examples of a succession include:
In many cases, yes. If they are the tenant's husband, wife or partner, they will not be requested to move to another property. However, if they are another member of the family, Cornwall Housing can ask you to move to alternative accommodation. This may happen if:
A decision will be made within 28 days.
The tenant will be informed at the time of succeeding the tenancy. The council will then complete a housing application and will try to re-house the applicant to a suitable property.
Cornwall Housing will serve a formal notice between 6 and 12 months after the date of the tenant's death. The case will then be referred to the County Court, which will decide on the future of the tenancy.
No. There is no legal right to succession. Lodgers or other people living with the tenant at the time of death will not be considered. However they may apply for a council tenancy, and may be eligible to be housed in the property, under the current allocations policy.