Staying in your council home when someone dies

You might be able to stay in your council or housing association home if the person named on the tenancy agreement dies - this is called succession. If you can stay, it will mean you'll take over their tenancy - this is known as succeeding.

You'll be responsible for paying the rent if you take over the tenancy - you'll usually need to pay rent from the date the previous tenant died.

Being able to stay in your home and take over the tenancy will depend on things like:

• if you lived with them before they died - it will only count if it was your main home and not a temporary one

• if you were living together as a couple

• if you're related to the person who died

• how long you lived with the person who died

• the type of tenancy they had and how long they had it for

• what the tenancy agreement says - it might give you more rights to take over the tenancy

You'll need to tell your local council or housing association that the person named on the tenancy agreement has died.

Check if there's already been a succession

There can usually only be one succession to a tenancy. If a succession has already happened, for example when one partner dies and the other one takes over the tenancy, it can't usually happen again. This means when the second partner dies, no one else will be able to take over the tenancy.

It's worth checking your tenancy agreement - it might say succession can happen more than once.

If you were joint tenants

If you're a named tenant on the tenancy agreement, you'll keep the tenancy automatically.

Check the tenancy type

You'll need to check what type of tenancy the person who died had - once you know this, you'll be able to check your succession rights.

If you're not sure what type of tenancy they had, use Shelter's tenancy checker to find out.

Get help from your nearest Citizens Advice if you can't find out the tenancy type of the person who died.

Taking over the tenancy

You'll probably need to fill in a form and prove you have the right to take over the tenancy. Your local council or housing association should send you the form when you tell them about the death. If they don't, call them and ask what you need to do to take over the tenancy.

You might need to provide evidence that you lived in the property, for example bank statements, bills or benefit letters.

You might also need to prove:

• the previous tenant has died - you'll probably need to show the death certificate

• if you were married or in a civil partnership with the person who died

• the property was your main home for at least a year before the person died

• you currently live in the property

You'll need to ask when you'll need to pay rent from if they don't tell you.

Contact your nearest Citizens Advice if you need help to take over the tenancy.

If the council say you can't take over the tenancy

If you think you should take over the tenancy, but the council say you can't, it's worth checking to see if they'll review their decision. You might need to ask them how to request a review.

Make sure you provide any evidence you have to prove you should take over the tenancy. This could include things like bills to show you've been living in the property for at least a year or that you're currently living there.

If your local council or housing association won't review or change their decision, they might start possession proceedings - this means you could be evicted. You'll have the opportunity to tell the court why you think you should have succeeded the tenancy and why you think the council is wrong. You'll need to fill in the defence form - you'll get this from the court.

You should get advice from your nearest Citizens Advice if you think the council have got it wrong.

Deciding who should take over the tenancy

If you were married to or in a civil partnership with the person who died you'll get priority over anyone else to take over the tenancy.

If you were living with the person as if you were married or in a civil partnership, you'll usually have priority over someone who wasn't in a relationship with them.

If you are another family member and are entitled to take over the tenancy along with other people, only one of you can take it over. You'll need to decide between you - for example if you and your brothers and sisters are entitled to take over the tenancy, you'll need to decide who does.

If you can't decide, your local council will decide if you're in a council home. A court will decide if you're in a housing association home.

If you can't take over the tenancy

You won’t have to move out straight away. You should get at least 4 weeks’ notice from the council or housing association.

After 4 weeks, the council or housing association will have to go to court to make you leave - this will take time. You might have to pay costs if your council or housing association go to court to make you leave, but you could get more time in your home.

You should stay in the property until you have to leave if you have nowhere else to go. You should also check if you can apply for homeless help.

Get advice from your nearest Citizens Advice if you're being evicted because the tenant has died.

Rent payments while you're still in the property

You won't usually have to pay rent if you can't take over the tenancy after the tenant dies.

Your local council or housing association will have to claim the money back from the estate of the person who died. Their estate means things like their belongings or any money they had.

If you stay in the property after the date you're told you have to leave, you might need to pay - your local council or housing association will tell you if you do. The money you'll have to pay is called 'use and occupation charges' - this is similar to rent.