If a tenant dies, under UK law their tenancy does not automatically come to an end. For legal purposes, a tenancy is classified as property and can be left to a spouse, civil partner or, in some cases, a family member under UK succession rights. A housing solicitors firm such as Duncanlewis.co.uk will be able to advise clients on succession rights.
It may also be possible for a tenant to transfer tenancy during their lifetime to another party. In a process known as assignment, some tenants are permitted to pass a tenancy on to specific family members. Under the system of mutual exchange, tenants in council and housing association properties are permitted to swap homes. In a divorce or separation case, courts can order that a transfer of tenancy takes place. Again, a reputable housing solicitor such as Duncanlewis.co.uk will be able to successfully advise clients of their rights under these arrangements.
If someone has been granted the right to assume a tenancy under succession, they are not obliged to do so and should seek advice from a housing solicitors firm, for example, before agreeing to do so. Among the factors to take into account is whether the person assuming the tenancy can afford to pay the rent, as if they were to be financially stretched in the property they could fall into arrears and be evicted. Perhaps the property in question is too far away from their work or family and it is not practical to move in. If they choose not to move in to the property, the person in question may find that if they subsequently have to ask a local council for accommodation then the council may declare them intentionally homeless, as they passed on a home in which they could have chosen to live. A housing possession solicitor will explain the law as it applies to this area. A disrepair solicitor can advise clients on any issues relating to a property’s state of repair.
In the case of a council tenancy, only one succession can take place. Where an original tenancy was deemed a joint tenancy and one of the original tenants is deceased, the surviving joint tenant will have come under the succession laws. Housing lawyers can advise clients on this and any other housing issues.
For those who are not joint tenants, it may be possible to assume a tenancy if the person in question was the tenant’s spouse or legally registered civil partner and was living with the original tenant when they died. In the case of a demoted tenancy, they have to have been living in the property for one year beforehand. Another family member will also be able to assume the tenancy, provided that there is no surviving spouse or civil partner and they were living in the property with the deceased for at least one year before they died. In the case of secure council tenancies signed after 1stApril 2012, no family member has a right to succession unless it is allowed in the tenancy agreement. If a person gets a council tenancy through succession, the tenancy agreement will be the same type as the one signed by the original tenant.
For reliable advice on all aspects of succession, clients should consult their housing solicitor.
It may also be possible for a tenant to transfer tenancy during their lifetime to another party. In a process known as assignment, some tenants are permitted to pass a tenancy on to specific family members. Under the system of mutual exchange, tenants in council and housing association properties are permitted to swap homes. In a divorce or separation case, courts can order that a transfer of tenancy takes place. Again, a reputable housing solicitor such as Duncanlewis.co.uk will be able to successfully advise clients of their rights under these arrangements.
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| Source: Freshome.com |
If someone has been granted the right to assume a tenancy under succession, they are not obliged to do so and should seek advice from a housing solicitors firm, for example, before agreeing to do so. Among the factors to take into account is whether the person assuming the tenancy can afford to pay the rent, as if they were to be financially stretched in the property they could fall into arrears and be evicted. Perhaps the property in question is too far away from their work or family and it is not practical to move in. If they choose not to move in to the property, the person in question may find that if they subsequently have to ask a local council for accommodation then the council may declare them intentionally homeless, as they passed on a home in which they could have chosen to live. A housing possession solicitor will explain the law as it applies to this area. A disrepair solicitor can advise clients on any issues relating to a property’s state of repair.
In the case of a council tenancy, only one succession can take place. Where an original tenancy was deemed a joint tenancy and one of the original tenants is deceased, the surviving joint tenant will have come under the succession laws. Housing lawyers can advise clients on this and any other housing issues.
For those who are not joint tenants, it may be possible to assume a tenancy if the person in question was the tenant’s spouse or legally registered civil partner and was living with the original tenant when they died. In the case of a demoted tenancy, they have to have been living in the property for one year beforehand. Another family member will also be able to assume the tenancy, provided that there is no surviving spouse or civil partner and they were living in the property with the deceased for at least one year before they died. In the case of secure council tenancies signed after 1stApril 2012, no family member has a right to succession unless it is allowed in the tenancy agreement. If a person gets a council tenancy through succession, the tenancy agreement will be the same type as the one signed by the original tenant.
For reliable advice on all aspects of succession, clients should consult their housing solicitor.
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