Sucession and Exchange
Information available in this section:
Succession
On the death of a tenant, a member of the family may be able to take over the tenancy, becoming the new tenant, acquiring all of the rights and responsibilities of the tenancy. The person who takes over the tenancy is called a 'successor'.
The following people have the right of succession to the tenancy:
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The deceased tenant's husband/wife or partner
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A member of the deceased tenant's family (son, daughter, parent, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece).
Priority is given to the tenant's partner/spouse followed by a family member.
In all cases, the successor must be living at the property as his/her only or principal home at the time of the tenant's death. If the successor is not the husband/wife/partner of the deceased tenant, the family member must also be able to prove that he/she has lived with the tenant for 12 months ending with the date of the tenant's death. If you are part of a same sex couple and have a Civil Partnership - you will have the same right to succeed as a spouse (providing you have legally registered your partnership)
Occasionally, more than one relative may be entitled to take over the tenancy. Eligible successors may decide between themselves who takes over the tenancy, but if there is not agreement the Landlord is entitled to choose who the tenancy will pass to.
The law only allows one legal succession. The Landlord may consider the request of resident family members even when a succession has already taken place but this is up to individual Authorities.
Under some circumstances when the property passes to a family member other than the spouse/partner, the authority may ask him/her to move to another property. This may happen if the property is too large for the person succeeding to the tenancy and/or the property is designed or has been adapted for the use of someone with a physical disability and that person no longer lives in the property.
Following the death of the tenant, the person left living in the property should inform their Landlord as soon as possible. You will need to take along a copy of the death certificate. The landlord may arrange to interview you and make a decision with regard to the succession. A decision should be made within 28 days.
Assignment
Assignment is a transfer of tenancy from a sole tenant to another person, which is as a result of a request from the sole tenant to hand over their tenancy (assign it) rather than as a result of the death of the tenant.
Essentially the same rules apply as with a succession.
There can only be one assignment to the tenancy. A landlord can refuse an Assignment where they feel it is unreasonable, for example where it would result in the property being under-occupies. There are very limited circumstances when permission may be given for the assignment of a tenancy to another person.
There are if:
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A Court has made a 'Property Adjustment Order' because of divorce or child care proceedings
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You exchange your home with another tenant of a local authority or registered social landlord ( association) and they have approved the exchange in writing.
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You assign the tenancy to a person who would be legally entitled to succeed to the tenancy.
If you wish your tenancy to be assigned then contact your Local Office and a decision should be made within 28 days of receiving the application. If the tenancy is to be assigned, the tenant and the person they wish to assign will both be asked to sign to agree to the assignment.
How to apply
If you wish to apply to succeed to a tenancy, or alternatively you are thinking of assigning your tenancy to another person please contact your landlord for details or the appropriate application form.
Obviously if you have concerns and want to discuss anything relating to succession and assignment then contact the Council's Housing Options Team for advice before you proceed.
Mutual Exchange
What is it?
A Mutual Exchange is a useful way to move if you do not qualify for a transfer or face a long waiting time. It may also enable you to move to an area that you may not normally qualify for. An exchange can involve more than two households.
Who can apply?
If you are a secure/assured tenant of a Registered Social Landlord eg, Housing Association.
Who can I exchange with?
A tenant of any Council and some Association tenants.
Where can I advertise my details or find details of other people wishing to exchange?
Details of some tenants who are looking for an exchange can be obtained from your Housing Association. This is also a good place to advertise your own details. You may also want to consider advertising in the local newspaper and show windows.
When I find someone I want to exchange with, what do I do?
Before you exchange all parties must get the permission of their landlord. The first thing you should do is complete a Mutual Exchange Form which is available from your Landlord. This will require you to provide information about your own home and household as well as details of the party you wish to exchange with. This will normally be followed by a home visit by a Officer.
Never pay or accept money in a mutual exchange.
Under what circumstances could my application be refused?
Permission may be refused if:
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You are subject to an Order for Possession in which a date has been set for you to quit the property
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You are in rent arrears or subject to repossession proceedings.
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You are in breach of your tenancy conditions.
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Either property involved would be unsuitable for the incoming household eg, overcrowded, or under-occupied, or would cause mobility problems.
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Your property has special features making it suitable for someone with a disability, or is in a sheltered scheme and the incoming family do not need the facilities.
If you require any further advice then please contact the Housing Options Team at North Shropshire District Council on Tel: 01939238520.
Transferring your Tenancy
It is not possible for you to transfer the whole tenancy to anyone else although a Court may make an order in respect of a tenancy to put it in a particular person's name. It may be possible to assign a tenancy to a person who would be qualified to succeed to it in the event of the tenant's death. Your landlord may be able to give you more advice about this.
| email: | HousingOptions@northshropshiredc.gov.uk |
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| telephone: | 01939 238520 |
| fax: | 01939 238405 |
