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Can a tenancy be inherited?

The right to inherit a tenancy, when the tenant dies, is known as succession.

Depending on the type of tenancy and your relationship with the person who died, you may have the right to inherit the tenancy.

Before this can happen, you will need to provide evidence of:

  • Who you are
  • Your relationship with the tenant
  • How long you have been living with them

Joint tenants

If you have a joint tenancy and the other joint tenant dies, you will automatically become the sole tenant.

Married and unmarried partners

If the tenant who died was your husband, wife, civil partner or cohabitee, and as long as the property was your home when they died, you can inherit an assured tenancy.

Relatives of an assured tenant

Depending on the tenancy agreement, if the tenant who died had no spouse, civil partner or cohabitee living with them, a relative may be able to inherit the tenancy.

Fixed term tenancy of less than two years

If the tenancy is an assured shorthold tenancy with a term of two years or less, you cannot inherit the tenancy.

Fixed term tenancy of two years or more

Where the tenancy was fixed for more than two years, the spouse, civil partner or cohabitee of the tenant may be able to inherit the tenancy, as long as it was their home when the tenant died.

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Amending my tenancy

I have a new partner. Can I add their name onto the tenancy?

To make this request, please contact us.

If you have married or entered into a civil partnership, you will need to send us a copy of your marriage/civil partnership certificate. You will also be required to provide valid ID for all household members.

If you are not married then we would normally only agree to add the partner to the tenancy if they have been resident at the property for at least year. You will need to send proof of residence at the address for one year (for example utility bill, phone bill, bank statement etc).

My partner/spouse/civil partner (joint tenant) has left. Can I have their name removed from the tenancy?

We cannot remove the name of a joint tenant from the tenancy without a court order or with their written permission (Assignment of Tenancy). If this is the situation please complete this form and we will contact you to discuss, we also recommend you seek independent legal advice.

My partner has ended the tenancy. Can I take over the tenancy of the property?

We will assess each case individually, providing support and advice and look at the issues such as whether the person left living in the property has children living at the property and if the tenancy was a joint tenancy.

I have a relative living with me. Can I add their name to the tenancy?

We do not normally agree for a relative to be added to the tenancy unless it is exceptional circumstances.

I have rent arrears? Can I still apply to amend the tenancy?

We would not normally agree to any amendment to the tenancy whilst arrears are outstanding unless there are exceptional circumstances.

You will be required to upload photographs and evidence of Marriage/Civil Partnership Certificates or Deed Polls for name changes along with valid ID.