Family member reporting a death and taking over Tenancy

As a family member, you may be dealing with the affairs of a tenant who has died. If you do not wish to apply to take over the tenancy you will need to use the end the tenancy service.

This service allows you to  

  • Apply to take over the Tenancy   

Who can take over the tenancy  

If the tenant who has died does not have a joint tenant, spouse, civil partner, or partner living with them. There are times when family members may also have a right to take over the tenancy.  A family member is parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews, nieces, step-relations, half-relations, and adopted children.  

The right to take over the tenancy is based on   

  • If you lived with the tenant before they died – it will only count if it was your main and only home  
  • 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   
  • For most tenancies, there is only one right of succession. If there has already been a succession to the tenancy then no further rights will be granted.      
  • If the property is suitable for your household  

Before you start  

  • You must provide your contact details    
  • We’ll ask if you are the Next of Kin, Executor or Administrator   
  • You must have details of the tenant who died (name, address, date of death)   
  • We’ll ask you if anyone else is currently living at the property   
  • You will need to upload a copy of the death certificate, if available    
  • You will need to upload photo ID proof. Proof of ID we accept  
  • You will need to upload evidence to show that you have lived at the property. Proof of residence we accept  
  • You will need to upload proof of relationship certificate. Proof of relationship we accept  

 

What happens next   

Taking over the tenancy 
  • We’ll check we have everything we need to continue   
  • We look at the tenancy agreement, property type and size   
  • We will need to do an affordability check. You can get started and download the Affordability Check Form  
  • Before we complete the application, we will arrange an inspection of the property. This is to check the property is how it should be  
  • We will communicate in writing the outcome of your application. 

Start