Succeeding to a tenancy
(Taking over a tenancy when the tenant of your home has died)
What do I need to know?
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If a tenant of a Scottish secure tenancy dies, another member of the household may take over the tenancy. This is called a succession, and the person taking over the tenancy 'succeeds' to the tenancy and is known as 'the successor'. The transfer of the tenancy will not be legal until we have agreed to it and we and you have signed the papers.
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Only certain people can take over a tenancy when a tenant dies. If there is more than one person who might be considered, there is a clear order of priority to help us decide who takes over.
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A tenancy can only be handed on twice on the basis of succession. The best way to explain this is to give examples – see Case A and Case B opposite.
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If a house or flat has been designed or considerably adapted for someone with special needs to use, it can only be handed on to a joint tenant or partner. Members of the tenant's family, or carers, can only take over the tenancy if they have special needs, but they have the right to be offered another home which meets their housing needs.
Who can succeed to the tenancy?
Only certain people can succeed to a Scottish secure tenancy. These are grouped into three levels of priority. If there is no-one in the first priority who wants to take over the tenancy, we will consider someone in the second priority (and then the third priority).
The first priority includes:
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the tenant's husband, wife or civil partner who was living with the tenant when they died;
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the tenant's partner (for the tenant's partner to succeed, the house must have been their only or main home for six months before the tenant died); and
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the surviving joint tenant.
The second priority includes any member of the tenant's family who:
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is 16 or over; and
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was living in the home as their only or main home when the tenant died.
The third priority includes a carer who is providing, or has provided, care for the tenant or a member of the tenant's family. The carer must:
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be 16 or over;
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have been living with the tenant when they died; and
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have given up his or her only or main home to live with the tenant.
How do I apply to succeed to the tenancy?
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Print out the Succession Information Form (PDF 235Kb) or collect one from you Area Housing Office. Then fill it in and hand it in to us at the office.
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We will write back to you within 20 working days, telling you whether you can succeed.
If you qualify to succeed to a tenancy, there is no need to sign a new tenancy agreement. We will give you a copy of the existing tenancy agreement and you will have to fill in the succession consent form.
Examples
Case A
Mr Smith moved into his house with his wife when he retired 15 years ago. Sadly, he was taken ill and died a few years later. The tenancy passed to his wife (first succession). When his wife died last year, her daughter and grandson had been living with her for a couple of years. So, the tenancy passed to her daughter (second succession). The daughter can now live in the house for as long as she wants but she will not be able to hand on the tenancy to her son or anyone else who comes to live with her.
Case B
Mr Green, his wife and daughter moved into their home ten years ago, which was specially adapted for Mr Green's disabilities. Mr Green died and his wife took over the tenancy, even though she had no disabilities (first succession). A few years later, Mrs Green died. The daughter could not succeed to the tenancy because the property was specially adapted and she had no disability. We offered her a different home in the same area.
If I am not married or in a civil partnership, can my partner take over the tenancy if I die?
Yes, if you have lived together in one of our properties for at least six months and it is your partner's only or main home.
What will happen to anyone who cannot take over the tenancy because they do not qualify to succeed?
We will look carefully at the circumstances of these cases before we make a decision.
Can I put down in my will who I want to take over the tenancy when I die?
No. By law, if more than one person qualifies for the tenancy, they have four weeks from the day you die to decide among themselves who will take over. If they can't come to a decision, we will make the decision.
When a tenancy is taken over, will there be a new tenancy agreement?
No. We will give you a copy of the existing tenancy agreement and you will also have to fill in the succession consent form.
Do I have a right to buy when the tenancy is handed over?
Not in all cases. Ask us for more information.
Is the person who takes over the tenancy responsible for any rent payments the previous tenant missed?
No. Under the Housing (Scotland) Act 2001, the succeeding tenant is not responsible for any rent the previous tenant owed. The debt belongs to the person who has died, and will be paid out of their estate. If you succeed to a tenancy, you will only be legally responsible for the rent from after the tenant's death.