If a council tenant dies, their tenancy can be passed to someone who qualifies. This is called tenancy succession.
A tenancy succession can only happen once. However, our policy also allows for a discretionary tenancy to be granted if succession has already taken place.
In all cases, the property must be the only or main home of the succeeding tenant for 12 months before the tenant dies, unless you're the spouse or partner.
Easy Read: Can I become the tenant of my home? (PDF)
You can read our tenure policy (PDF)
Who can succeed a tenancy
Joint tenant
If you’re a joint tenant, you will succeed the tenancy in the event of the other tenant’s death.
Spouse, partner or registered civil partner
If you’re the spouse or registered civil partner of a tenant and were living with them when they died, you can usually succeed the tenancy if the property is your only or main home.
If the tenancy started before 1 April 2012, unmarried partners must demonstrate that they have lived with the tenant at least 12 months before their death. This does not apply after this date.
If you have any questions about this, you should talk to your Neighbourhood Housing Officer.
Relatives
If you‘re a qualifying relative, you may be able to succeed a secure tenancy.
Qualifying relatives include:
- parents
- grandparents
- children
- grandchildren
- brothers and sisters
- uncles and aunts
- nephews and nieces
This also includes relationships by marriage such as stepchildren.
We may consider granting a new tenancy to a tenant’s carer if they lived with a tenant for at least 12 months before their death as their only or main home.
Downsizing
Depending on the relationship to the tenant who has died, we may ask the new tenant to move to a smaller property if they have more bedrooms than they need. This is also the case if the property has been adapted for someone with special needs or a disability and the adaptations are no longer needed.
We'll discuss this with the succeeding tenant when they inherit the tenancy.
This does not apply to the deceased tenant’s husband, wife or civil partner.
How to apply
Contact your NHO to ask for a succession form.
You'll usually need to provide documents to prove you live at the address. This could include:
- bank statements
- credit card bills
- utility bills
- other official letters or documents
Paying charges
When a sole tenant dies, we continue to charge rent to their estate until their tenancy ends or the keys to the property are returned, if that’s sooner.
If you’re continuing to live in the property after a sole tenant dies, you must pay the weekly charges even if you do not have a tenancy agreement yet.
If you’re succeeding a tenancy, the date you take over the tenancy and the date you’re responsible for the rent is legally the day the tenant died.
You cannot succeed a tenancy if you do not pay weekly charges. You should talk to the Housing Income team if you’re worried about money on 020 7974 4444.
Sheds and garages
Sheds and garages do not form part of tenancy succession.
You must email estateparking@camden.gov.uk to tell us that the tenant has died.
It’s important to return any keys or fobs as we charge rent to the estate until they’re returned.