Your council tenancy

Taking over a tenancy 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.

• First priority goes to the tenant's spouse or civil partner or the remaining joint tenant where the house was their only or principal home at the date of death or the tenant's co-habiting partner of either sex where the house was their only or principal home for 12 months prior to the tenant's death. The 12 month period cannot begin unless we have been told that the individual is living in the property as their only or principal home. We must have been told that by the tenant, a joint tenant, or the person who wishes to succeed to the tenancy

• Second priority goes to a member of the family aged at least 16 and living there as their only or principal home for 12 months prior to the tenant's death.  The 12 month period cannot begin unless we have been told that the family member is living in the property as their only or principal home. We must have been told that by the tenant, a joint tenant, or the person who wishes to succeed to the tenancy.

• Third priority will go to a carer providing care for the tenant or family member where the carer is at least 16, living there as their only or principal home for 12 months prior to the tenant's death and had given up a previous only or principal home to care for the tenant or family member.  The 12 month period cannot begin unless we have been told that the family member is living in the property as their only or principal home. We must have been told that by the tenant, a joint tenant, or the carer.

This form must be completed and signed by anyone wishing to succeed to a tenancy on the death of the tenant

Application to succeed to a tenancy