Succession to Tenancy

“Succession” is the term used to describe when a tenant dies and the tenancy is taken over by another person who qualifies to do so. This person is the “Qualifying Person”.

There are currently three levels of "Qualifying Person" 

Level One

• the tenant's spouse, provided it was their only or principal home on the death of the tenant
• an unmarried partner, provided the house has been the unmarried partner's only or principle home for 12 months (this used to be six months but was changed in the Housing (Scotland) Act 2014.  (Please note that the 12 month period only begins when the Association are made aware)

Level Two

If no-one qualifies at Level One, or a qualified person does not want the tenancy, it may be inherited by a member of your family as long as:

• they are aged at least 16 at the date of death;
• the house was their only or principal home for 12 months before the date the date of death.  (Please note that the 12 month period only begins when the Association are made aware)

If more than one person qualifies for the tenancy under Level Two, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.

Level Three

If no-one qualifies at Level One or Level Two, or a qualified person does not want the tenancy, it can be inherited by a carer as long as:

• they are aged at least 16 at the date of death
• the house was their only or principal home for 12 months before the date the date of death.  (Please note that the 12 month period only begins when the Association are made aware)

He or she is providing, or has provided, care for the tenant or a member of the tenant’s family.

If more than one person qualifies for the tenancy under Level Three, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.

The tenancy can only be inherited twice under the provisions noted above.

Succession to Tenancy Application Forms can be obtained from our office or you can download from this page.