Succession of tenancy

You may be eligible to succeed the tenancy if no previous succession has taken place and one of the following applies:

• Joint tenants:
  If you were a joint tenant, the tenancy will usually pass to you automatically, as long as you occupied the property as your only or principal home at the time of the tenant’s death.
• Spouse or civil partner:
  You may succeed if you were living in the property as your only or principal home at the time of tenant’s death. 
• Family member (next of kin):
  If there is no eligible spouse or civil partner, another family member may apply if they lived in the property as their only or principal home for:
  • At least 12 consecutive months (tenancies started before 1 April 2012), or
  • At least 24 consecutive months (tenancies started on or after 1 April 2012)

If more than one person is eligible to succeed to the tenancy, they must agree among themselves who will take over the tenancy. If they are unable to reach an agreement, the Housing Department will determine who will succeed. 

To assess your application, you must provide evidence that:

• You are related to the deceased tenant
• You lived at the property for the required period before their death
• The property was your main home

You may also need to provide details about your household and housing history.

You must upload or provide clear copies of the following for all applicants and household members:

• Proof of Identity
• Proof of Relationship to the tenant
• Proof of Residency at the Property
• Other Required Documents

You may also be asked to provide original documents at a later stage.

The quickest way to submit documents is online with your application. Alternatively, they can be sent via email at housingmanagement@stalbans.gov.uk:

• Upload clear photos taken on your phone
• Upload scanned copies
• Send electronic documents (e.g. PDFs of bank statements or payslips)

• Your application may not be processed until all required documents are provided
• You should submit your documents within 14 days of applying
• We may contact you if we need more information
• If you do not provide all requested information, a decision may be made based on the information available at that time

While your application is being assessed:

• You will need to pay use and occupation charges for the property
• A Housing Income Officer will contact you about payments in due course

For Council Tax or Housing Benefit queries, you will need to contact those services directly on:

Council Tax:

01727 638614   

counciltax@stalbans.gov.uk

Housing Benefit

01727 819220

benefits@stalbans.gov.uk

Before submitting your succession application, you must confirm the following:

• I have read and understood all the information provided above.
• I meet the eligibility criteria to succeed the tenancy.
• The information I provide in this application is accurate and truthful to the best of my knowledge.
• I understand that providing false or misleading information may result in my application being refused and passed to Shared Anti-Fraud Services for further investigation.

By downloading the application below you are confirming that you meet the above requirements and wish to proceed with your application to succeed the tenancy.

• Succession Application form ( docx - 255.10 KB )

If you need help completing the application or cannot provide the required documents, please contact the Neighbourhood Housing Management Team at housingmanagement@stalbans.gov.uk.

We aim to process all succession applications within 21 days and we will write to you and inform you of the decision. 

If you were a spouse or civil partner who qualified to succeed, the tenancy will be transferred to you regardless of the size of the property.

Where any other relative qualifies to succeed but the property exceeds their housing need by one bedroom or more, they will be required to downsize to a property which matches their need.  Their housing application will be allocated a priority band A and they will be given time limited bidding of 3 months, after which assisted bidding leading to a direct offer will be made. 

If you wish to challenge the decision, we will refer your case to the Housing Review Panel, who will decide whether you can remain in the property. You must provide supporting evidence to substantiate your appeal and explain why you should remain at your current property.

If you do not qualify to succeed, we will write to you explaining the reasons why and we will ask you to submit a homelessness and a housing application so your housing needs can be assessed. If you wish to challenge the decision, your housing officer will refer the matter to the Housing Review Panel.

We will also serve Notice to Quit on the appropriate persons and the Public Trustee to bring the tenancy to an end. We will do this in person wherever possible. 

You will continue to be liable for use and occupation charges until the property is vacated, and the keys are returned to us. If necessary, we will refer the case to the County Court for possession of the property.