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Succession Back

If you are a joint tenant and either of you die, it may be possible for your tenancy to pass to another member of your family or partner living with you so long as a succession has not already taken place.

If this is the case please complete and return the succession application form to the Trust along with the death certificate. We will then consider your request.

The right for a housing association tenancy to be passed on when a tenant dies is known as succession. A succession can only happen once. If somebody succeeds to a tenancy, they cannot pass it on to anybody else.

Your right to inherit or succeed to a tenancy depends on the type of tenancy and your relationship with the person who died.

Joint tenants

If you are a joint tenant and either of you die, it may be possible for your tenancy to pass to another member of your family or partner living with you so long as a succession has not already taken place.

If this is the case please complete and return the succession application form along with the death certificate. We will then consider your request.

Sole tenants

If a sole tenant dies, a succession may be granted to someone other than a partner, provided that they are a member of the deceased tenant’s family.

The family member must provide evidence that they:

  • Are a member of the tenant's household
  • Lived with the tenant for a minimum of 12 months prior to the death of the tenant and can provide proof of residency in the form of any of the following: Council tax bills, bank statements, the electoral register, payslips, utility bills, any documents sent from government agencies e.g. benefits, or tax returns
  • Lived in the tenant’s home as their only or principal home at the time of the tenant’s death

Succeeding a tenancy

When a succession has taken place, which results in the property being too large, or otherwise unsuitable, we may offer a more suitable property.

Please complete and return the succession application form to us. You will also need to supply a copy of the death certificate and evidence of you being at the property for the last 12 months (e.g. copy of council tax bill, a utility bill, housing benefit letters with your name on the document etc.)

  A charge, called Mesne Profits, will be payable for use and occupation of a property. This means that the payments received from an occupant after the death of the tenant do not form a tenancy but does allow them to remain in the property whilst the succession application is being considered.

If you would normally receive Housing Benefit (i.e. if you had your own tenancy) then you can claim Housing Benefit based on the Mesne Profits Rules. 

Please ensure that you write at the end of the claim “This claim is for Mesne Profits for use and occupation of the property, I do not have a tenancy at this property”.

If you receive Universal Credit you cannot receive Mesne Profits payments, therefore if you wish to remain in a property whilst the succession application is being considered you will have to ensure that you make those payments to the Trust.

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Email: trust@peaksplains.org