Secured Tenancies and Succession Rights

Each free legal advice session brings up new and different legal problems that people are facing.  I find that single people especially men are affected the worse with housing issues (please remember there is an incredible shortage of council properties to rent),   The below information is important.

Today's issues relate to council tenants and housing association tenants with secured tenancy agreements both before 2012 and after 2012, and, the question of whether a family member can automatically be granted that tenancy on the death of their parent, partner etc.  (Please be aware that if you are in a two or three bedroom property and your parent etc dies, the council are going to want that property for a family)

A secured tenancy CAN BE transferred to the spouse or a resident member of the tenant’s family on the death of a tenant.

A person qualifies to succeed if they occupy the premises as their only or principal home at the time of the death of the family member, and is either the spouse of the tenant, or another member of the tenant’s family who has lived with the tenant for a period of twelve months prior to the death of the tenant.

If the  deceased tenant was themselves a successor there is NO RIGHT to succession; accordingly there can be only ONE statutory succession. i.e. if you live with a parent  who initially held the tenancy with their husband/wife who has since died, or divorced the parent who is a tenant of the property then there has already been a succession of the property to your parent and the property WILL NOT be able to transfer to you.  

from 1 April 2012 the statutory right of those other than spouses and partners to succeed a secure tenancy  WAS removed. Rights of 'family members' ARE NOT AUTOMATIC , but the landlord has discretion to grant succession rights in addition to the statutory minimum of one succession to a spouse or partner. Tenancies that commenced prior to 1 April 2012 are not affected.  

Simply speaking if your names is not on the tenancy of a secured property you may find that you have no right's to the property you have lived in for many years being transferred into your name, proceedings will be issued against ,you which in effect, could result in your becoming homeless

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