Succession
In compliance with the statutory provisions
for succession in Section 89 of the Housing Act 1985 a person is
qualified to succeed to a secure tenancy if he/she occupies the
dwelling as his/her only or principal home at the time of the
tenant’s death and either:
- He/she is the tenant’s spouse (i.e. husband, wife, common law
partner or partner by way of a civil partnership).
- He/she is another member of the tenant’s family and has resided
with the tenant continuously throughout the pervious 12 months
ending with the tenant’s death. The definition of a family
member is set out in Section 113 of the Housing Act 1985, as
follows:
- a spouse of persons living
together as a husband or wife, or
- a person’s parent, grandparent,
child, grandchild, brother, sister, uncle, aunt, nephew or
niece;
Furthermore;
- a relationship by marriage is treated as a relationship
by blood,
- a relationship by half blood is a relationship by whole
blood;
- a step child is treated as a child;
- an illegitimate child is treated as a legitimate child.
The family member will need to provide
evidence of occupancy.
If the family member would succeed to a
property which is especially suited or adapted for either a
disabled person or an elderly person and the survivor has no such
need, then the Council may take proceedings to recover possession
pursuant to one of the following grounds set out in Schedule 2 of
the Housing Act 1985:-
For further information on succession please
contact the Estate Management Team:
Estate Management Team
Tamworth Borough Council
Marmion House
Lichfield Street
Tamworth
B79 7BZ
Direct Telephone Number: 01827 709491
Email: Estatemanagementteam@tamworth.gov.uk
Monday to Thursday 8.45am to 5.10pm
Friday 8.45am to 5.05pm