Secure Tenancy Query

vintagebrighton

Hi, I have a query about a secure tenancy if anyone could help.

Secure tenancy no succession, one tenant.

If the tenancy changes to joint and one tenant dies does this count as a succession or just a change to the tenant therefore allowing a succession later on?

I think if the tenancy doesn't become joint and a live in partner succeeds that means there can't be a further succession is that right?

Hoping someone can help as I'm sure Shelter/CAB have enough to deal with without me bothering them

csnann

I found this on my Council website:
Succession
When a secure tenant dies, the tenancy may transfer under the rights of succession contained in the Housing Act 1985. The tenancy can, however, only transfer once by succession.
If the secure tenancy is a joint tenancy, the tenancy will pass automatically on death to the surviving joint tenant.
If the secure tenancy is a sole tenancy, it will, if there has not already been one succession of the tenancy, be transferred to the Tenant’s surviving spouse if he/she is occupying the premises as their only or principal home at the time of the Tenant’s death, or (if there is no surviving spouse entitled to succeed) to a close relative if any have been occuping the premises as their only or principal home for a minimum of twelve months ending with the date of the Tenant’s death.
If there is more than one person entitled to succeed to the tenancy, the Council will decide to whom the tenancy will transfer. Further information on the precise statutory rules and procedures relating to succession is contained in the Tenant’s Handbook.

It looks to me like the tenancy can only be passed on once, from the original tenant to the surviving spouse, as becoming joint tenants was only a variation to an existing tenancy. I think you should contact your landlord for advice.

rentergirl

I sometimes why people ask questions on here instead of checking with Shelter, the CAB, or a solicitor. You have to be sure about this, so please get some formal advice.

carefullycautious

I am also aware that each council can transfer again at their discretion

I know of a tenancy that went from husband to wife and then to daughter as she had lived with the parents since birth and is now in middle age.

Also husband to wife and then to wifes brother as he had come to live with his sister for company and had lived there for many years.

So do check with your local authority first.

Just to add the above were 2 bed flats not houses which may make a difference

squinty

I'm a little confused by the question

A secure tenancy cannot change from a single tenancy to a joint tenancy. The 1985 Housing Act is very clear that a secure tenancy can only be assigned in a few prescribed circumstances - it is difficult to say how any of these could be applied to a single to joint assignment.

However it makes little difference. If a joint tenant dies the tenancy passes to the remaining joint tenant (this is sometimes referred to as survivorship) and there can be no further succession. If the tenancy is a sole tenancy and passes away the tenancy would be succeeded by the spouse (as long as they are living together) and there can be no further succession.

CC is wrong - there is no discretion to allow any further succesion. The Council may allocate a property to a "2nd Successor" if their policy allows, but this person will become a new secure tenant - and that tenancy may be suceeded if there is a qualifying person.

All the above assumes you are in England or Wales - there are different rules in Scotland

vintagebrighton

rentergirl wrote: »

I sometimes why people ask questions on here instead of checking with Shelter, the CAB, or a solicitor. You have to be sure about this, so please get some formal advice.

Well I know how pushed for resources CAB and Shelter are so I didn't want to bother them right now. Of course no one would do anything with such a valuable asset as a secure tenancy without proper advice first.:)

Anyway, thanks for all your replies. I've now had a thorough read of the Shelter info which I couldn't make head nor tail of at first and it seems Squinty is correct.

Thanks again guys, much appreciated.