The Hub
Our housing guidance site
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.
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
There can only be one succession. Provided there has not been a succession before, spouses and registered civil partners can succeed to a tenancy if the tenant dies as well as close family members who have lived with the tenant for at least a year (the law defines who a qualifying family member is so check the full guidance note for a list). If the tenancy began before 1 April 2012 unmarried partners need to have lived with the tenant for a year to qualify; if the tenancy began after that they are treated the same as spouses.
In April 2012 the Localism restricted statutory successions to spouses and partners only but also allowed social landlords to grant "discretionary successions" to other family members as long as this is written into the tenancy conditions. In Camden we decided to carry on allowing the same family members who could succeed before the Localism Act to succeed after it so all our tenancies have the same succession rights attached (apart from the legal change for unmarried partners referred to above).
Although, ordinarily, a minor can't hold a tenancy, children can succeed to one. There is a separate guidance note for this situation.