Bereavement

If you need to end a tenancy

When you are dealing with a bereavement, there are five simple steps you need to follow to end a tenancy. You can find more information on our ‘ending a tenancy‘ webpage, but the steps are as follows:

Give us four weeks’ notice in writing or by email
Provide a copy of the death certificate
Arrange a property inspection
Inform utility companies and benefit departments
Return keys
Settle the account

You can find here the tenancy termination form: Tenancy termination form.

If you want to take over the tenancy

Succession rights refer to the right for someone to take over the tenancy of a property when someone dies.

There can usually only be one succession to a tenancy. For example when one partner dies, the tenancy must be altered from a joint tenancy to a sole tenancy, and this legal change is classed as a succession. This means when the second partner dies, no one else will be able to take over the tenancy.

Some of our older tenancy agreements allow a member of the tenant’s family to take over the tenancy as long as they have been living with the tenant for at least a year.

The four types of succession are:

Statutory as set out in legislation, where in the case of a sole tenant their spouse or civil partner has the legal right to take over the tenancy.
Contractual where the tenancy agreement gives more rights for someone to take over the tenancy if the tenant dies.
Survivorship where a surviving joint tenant has the automatic right to take over the tenancy.
Discretionary where the landlord can decide if someone who has no succession rights will be allowed to take over the tenancy.

Our succession policy sets out the legal, contractual and regulatory issues regarding succession. It sets out the rights a person has to succeed to a tenancy on the death of a tenant, and also deals with the issues surrounding persons with no such rights.

If you have any questions regarding succession and whether you can take over the tenancy if the tenant dies, please contact a member of our customer support team on 01225 715715. If they cannot answer your question they will ask one of our neighbourhood managers to contact you to discuss the matter further.

Frequently asked questions

What do I need to do if I want to succeed to the tenancy?

You should contact our customer support team in the first instance. They will pass your request onto our neighbourhoods team who will process your application. This is likely to include asking you for certain documentation such as a death certificate.

My husband and I are joint tenants but he has died. Will I be able to take over the tenancy?

Yes you will as this is your legal right. It is known by the term survivorship which is a form of succession.

My wife was the sole tenant but she has died. Will I be able to take over the tenancy?

Yes, you have a legal right to do so as long as you were living in the property at the time she died.

My father has died. As I am his son will I be able to take over the tenancy?

This depends on what the tenancy agreement says. Some of our older tenancy agreements allow members of the family to take over the tenancy as long as they were living at the property for at least a year. However, most of our tenancy agreements now only allow a spouse or partner to take over the tenancy.

I’ve read your succession policy and it look as though I cannot succeed to the tenancy. What happens now?

Depending on your circumstances, for example if you are elderly or disabled, we may grant you a discretionary right to take over the tenancy. However, if you can’t succeed to the tenancy we will give advice to try and help you find other accommodation, but eventually the property will need to be handed back to us.

My mum has died and I’m only 16 years old. Even if I was allowed to take over the tenancy I can’t as I’m not yet 18. What happens next?

Someone like a close relative will have to hold the tenancy for you in trust until you are 18 years old, when the tenancy will then be transferred over to you from the trustee. If there isn’t a close relative, then social services would have to take the place of a responsible adult and hold the tenancy in trust for you.

I’m the daughter of the tenant, and have been told that although I will be allowed to take over the tenancy it is not suitable for me as it is a 3 bed house. What happens next?

As the property is too large for you we will need to find you a more suitable property such as a 1 bed flat, so that the house can be offered to a family.

What is the difference between a sole tenancy and a joint tenancy?

A sole tenancy is where one person signs the tenancy agreement, which makes them responsible for complying with the responsibilities set out in the agreement. This includes paying the rent and ensuring no one in the household causes anti-social behaviour.

A joint tenancy is where both people sign the tenancy agreement which makes them both responsible for complying with the responsibilities set out in the agreement. Both joint tenants will be responsible for all the rent and ensuring that no one in the household causes antisocial behaviour.

My mother has died but I don’t live with her. Can I take over her tenancy?

No, this will not be possible as you must have been living in her property when she died.

My husband who died was the sole tenant and I have been told I can take over the tenancy. He was in arrears with a rent, so will I be responsible for paying this debt?

No, the debt was his responsibility and does not pass to you.

Advice and support

Further advice and support when coping with a bereavement is available.

GOV.UK provides guidance on what you need to do when someone dies: GOV.UK: What to do when someone dies: step by step

Our local authority partners also provide a step-by-step approach:

Wiltshire Council: What to do when someone dies – your first steps | Your care Your support Wiltshire

Bath & North East Somerset: What to do when someone dies | Bath and North East Somerset Council

Somerset Council: Tell Us Once

Support for those struggling with grief can be found below:

Cruse bereavement support: www.cruse.org.uk or call 0808 808 1677

Samaritans: www.samaritans.org or call 116 023

WAY Up, for those widowed in their 50’s and 60’s looking for an online support group: www.way-up.co.uk

The Silver Line, a helpline for older people: www.thesilverline.org.uk or call 0800 4 70 80 90

Age UK, bereavement information guide: www.ageuk.org.uk or call 0800 678 1602