Housing Allocations Policy

Definition and Legal Background

Succession to a secure tenancy arises when the tenant dies and the tenancy is passed on to a member of his/her household who is a qualified person in accordance with Part II, Section 22 of the Housing (Scotland) Act 2001 (the Act).

Applying/Making the Decision

When the Council is informed of the death of a tenant, and a member of the tenant's household requests that he/she wishes to succeed to the tenancy, he/she shall confirm the request in writing by completing the official form available from any Area Office.

Succession will not occur without the Council’s written permission.

The Divisional Housing Manager will make a decision within 1 month of receipt of the application. The Divisional Housing Manager will give his/her reasons if the request is refused.

Who is a Qualified Person?

A qualified person is, in order of priority:

First Priority goes to a tenant's surviving legal spouse or a joint tenant. Thereafter to a non-married or same sex partner providing the house has been their only or principal home for the six months prior to the tenant's death.

Second Priority goes to a member of the tenant's family aged 16 or over provided that the home was their only or principal home at the time of the tenant's death.

Third Priority goes to a carer who has provided care for the tenant or a member of the tenant's family where:-

(i) The carer is aged at least 16 years,

(ii) The house was the carer's only or principal home at the time of the tenant's death, and

(iii) The carer had a previous only or principal home which was given up.

The tenancy passes to a qualifying applicant in the order of priority listed above.

What Evidence Does the Council Need

The Council shall make any enquiries it considers necessary to verify the information given by the applicant. For example, the applicant may be asked to provide proof of identity by supplying official documents (e.g. birth/marriage certificates etc).

What if There is More Than One Qualified Person

Where there is more than one qualified person in any of the priorities listed in the paragraph 'Who is a Qualiified Person' section above, the persons concerned may apply in writing to succeed as joint tenants. Where such qualified persons do not wish to share the tenancy, they have the right to decide among themselves who will succeed. The qualified person who agrees to relinquish his/her rights to succeed to the tenancy will also be asked to confirm this decision in writing.

If they are unable to reach agreement which of them should succeed to the tenancy (within 28 days of the tenant’s death), the Council will make a decision on who is to be granted the succession. In making such a decision, the Council will consider carefully the respective needs and circumstances of those involved.

Declining an Offer of Succession

A qualified person who is entitled to succeed to the tenancy but does not wish to do so must inform the Council in writing within 28 days of the tenant’s death.

A qualified person who declines an offer of succession must vacate the house within three months of notifying the Council of their decision. He/she is responsible for paying the rent from the start of the rental period following the tenant’s death until the end of the period they leave the property.

Other Rules

Where a house has been designed or adapted for the use of persons with special needs, only persons falling within the first priority of 'Who is the Qulified Person' above and where it is a first succession, or those with special needs can succeed to the tenancy. Other persons who would otherwise qualify to succeed have a right to alternative suitable accommodation.

Where the deceased succeeded to the tenancy the tenancy may pass to another qualified person. However, where two previous successions have been granted the tenancy terminates (unless a joint tenant remains) and any qualified person is entitled to continue as tenant for a period not exceeding 6 months, but the tenancy ceases to be a Scottish secure tenancy.