Your council tenancy

Taking over a tenacy when someone dies

If a council tenant dies, their husband, wife or partner will be eligible to take over the tenancy if the house was their only home. A joint tenant and, in some cases, a carer may also be eligible to inherit the tenancy of the house.

The tenancy may be inherited by another member of the family as long as he or she is aged at least 16 years and the house is their only home. 

If a tenant inherited a tenancy after 30 September 2002, then they will normally require a 5 year qualifying period and the discount will be calculated according to the new rates associated with the modernised Right to Buy. However, if the previous tenancy started before 30 September 2002 and they succeeded because they were a spouse, partner or joint tenant, then they should be eligible to buy on the old terms and conditions.

As most of Highland’s communities are now covered by the pressured area status designation, all Highland Council tenants who began their current tenancies on or after 30 September 2002 in the designated communities have their Right to Buy suspended. 


Only Thurso and its small neighbouring communities of Forss, Geise, Glengolly, Janetstown, Scrabster and Weydale are covered by the pressured area status designation. So, tenants with modernised Right to Buy entitlements living in Wick and the other Caithness communities not mentioned above still have the Right to Buy.

Contact us to discuss a succession to tenancy. You may also wish to take advice from your local Citizens Advice Bureau, Advice Agency or a solicitor.

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