Successions

The right to succeed was introduced by the Housing Act 1980. It has been amended since by the Housing Act 1985 and the Localism Act 2011. How we deal with cases is also influenced by our own Housing Policy and our Tenure Policy.

Successions

Succession can be complex and the legal position is sometimes surprising so it can be helpful to refer to the full guidance note when dealing with a case. The succession flowchart summaries the things you need to establish before you can decide whether a succession has taken place.

Because succession depends on the law and formal council policy agreed by Councillors this guidance is necessarily prescriptive in parts.

The guidance deals with both statutory successions (where someone has a statutory right to succeed according to the law) and also situations where the Council can grant a tenancy to someone who can't succeed. You can read the full guidance covering both here

Balance transfers in succession cases

1. Succession: summary

A sole tenancy ends on the Monday after death.

A remaining resident who applies to success must be asked to pay use and occupation charges (equal to the gross rent and service charge elements for that property). They can claim benefits for their housing costs whilst awaiting a decision.

If succession is agreed, the tenancy date should be the Monday after the former tenant’s death.

2. What happens to any balance on the rent account?

Credit or arrears balances at the date the former tenancy ends remain in the name of the deceased tenant. Credit control will reconcile the balance (for example HB adjustments) and refer any balance (credit or arrears) to the estate.

Neither Credit Control nor Rent Support have the authority to transfer former tenant credit to a successor. A tenant’s son who succeeds, for example, may not be a beneficiary of the estate.

3. Payments made into the account after the tenancy has ended

Payments made after the former tenancy ends, including housing benefit or universal credit payments, belong to the successor.

Sometimes credits that rightfully belong to a successor incorrectly end up on the former tenant’s account. This can happen if the successor made payments using the former pay reference number, or if we received UC payments direct from DWP because verification was done using the former pay reference.

Rarely, a belated credit could be made that does relate to the period before the deceased’s tenancy ended, such as a heating refund.

Neighbourhood housing officers should check that the balance is correct when a successor’s account is set up.

4. How to transfer balances

Balances credited to the former account which belong to the successor won’t be transferred automatically.

To transfer a balance, email [email protected] with details, including pay references, of the two accounts and sums to be transferred.

Last updated: 22 January 2021