If a Tamworth Borough Council tenant passes away, someone living with them may be able to take over the tenancy. This is called succession.
Who can succeed a tenancy?
- Only one person can succeed a tenancy.
- Spouse, civil partner or cohabiting partner of the tenant. Must have lived at the property as their only principal homes with the deceased tenant at the time of death.
- Family member who lived with the tenant for at least 12 months before their death. (see the council’s tenancy management policy for eligible family members)
- The remaining joint tenant automatically takes over the tenancy.
- Minor (under 18), a trustee must hold the tenancy until they turn 18.
What you’ll need to provide:
- Death certificate of the tenant.
- Your birth certificate.
- Your ID (passport, driving licence).
- Proof of residence (bank statement, electoral roll, driving licence).
- Proof of relationship to the tenant.
Survivorship (applies to joint tenants only)
- If one joint tenant dies, the tenancy automatically passes to the other.
- This counts as the one allowed succession.
- Surviving joint tenants remain responsible for property debt including rent, court costs service charges etc.
- Surviving joint tenants retain security of tenure.
- No further succession is allowed after survivorship.
What if the property is too big or unsuitable?
- You may be asked to move to a more suitable home (this does not apply to surviving joint tenants).
- Depending on your circumstances the Council may help you apply for alternative Council housing.
Discretionary tenancy awards
If you don’t qualify for succession, you may still be offered a new tenancy if:
- You’re over 18 and lived in the home for 12+ months.
- You cared for the tenant and gave up your own home.
- You meet the Council’s housing criteria.
- You may be allowed to stay temporarily until a suitable home is offered.
If you’re not eligible
- The tenancy ends.
- The Council will take back the property.
- You’ll be signposted to the Council’s housing solutions services if you need assistance in finding alternative accommodation.