Stafford and Rural Homes

What is it?

For tenants who transferred from Stafford Borough Council on 6 February 2006, there is a right of succession on the death of a tenant, including the death of a joint tenant to :

• the spouse or partner of that tenant; or
   
• another member of the tenant’s family who has lived with the tenant throughout the period of twelve months up to the tenant’s death.   The 12 months period relates to living with the tenant, not in the property.  If the tenant has moved within the last 12 months, the period the successor lived with the tenant at the previous address would count, providing there was no break in them living together.

For those who signed as tenants of Stafford and Rural Homes after 6 February 2006,  there is a right of succession on the death of a tenant, including the death of a joint tenant, to the spouse or partner of that tenant only.

unless, in either case, the tenant was himself a successor after the transfer to Stafford and Rural Homes on 6 February 2006.
 
At the time of the tenants death, the applicant must have been occupying the dwelling as their only or principal home. 
 
Who is a "Family Member"?
  
A family member is defined by law as:

• a spouse or person with whom the tenant lived as husband or wife
• the tenant’s parent, grandparent, child (or stepchild), grandchild, brother, sister, uncle, aunt, nephew or niece
• A cohabiting partner (of the same or other sex)

Who has priority for succession?

Only one person can succeed to the tenancy.  There can be no joint succession.

The tenant’s partner will always have priority over others if there is more than one person qualified to succeed.  However, if there is more than one family member qualified to succeed, they must agree amongst themselves who will succeed to the tenancy.  Normally, a cohabitee in residence for over 12months would be the obvious choice.  If they fail to agree then Stafford and Rural Homes would make the final decision.

Joint tenancies will not be created on succession as this would lead to complications on the death of one of the successor joint tenants.

Can a child succeed?

A child can succeed to a tenancy.  It is sometimes the case that a minor is the legal successor despite a more ‘sensible’ successor being apparent.  For example, a single parent (of, say, a 7 year old child) takes a cohabitee. The single parent dies after 11 months of cohabitation.  The cohabitee would not be eligible to succeed; the 7 year old child would be the successor. In such cases it is usual for a guardian to hold the tenancy in trust for the successor until the minor is of age to hold the tenancy in his/her own right.  When a tenancy is held in trust, the guardian is not a tenant but has use and occupation of the property.  Monies are due in respect of the use of the property.  Housing Benefit can be granted to the occupier in such circumstances.

What are the consequences of succession?

A person who takes over a tenancy by succession becomes responsible for any existing breaches of the tenant’s obligations e.g. rent arrears, and has to perform those obligations from the date he becomes tenant.  A new tenancy is not created and the successor becomes a tenant, not a lodger in possession or any other type of occupant.

If you need further information, please Email or contact us on 0800 111 4554