Making Changes to your Tenancy

When a council tenant dies a member of the family may be legally entitled to take over the tenancy. This is called 'succession'. You can also legally transfer your tenancy rights to your partner or a member of your family by 'assignment'.

Succession

If the deceased tenant took the tenancy as a succession or assignment from someone else, the tenancy cannot be passed on again. There can only be one succession to a tenancy.

Eligibility

A married or unmarried partner (including same-sex partners) may be able to take over the tenancy, with the right to stay in the family home.

If a secure tenancy was granted before 1 April 2012, other family members (see list below) are also eligible to succeed however we reserve the right to request a move to a smaller home where necessary:

  • parents
  • grandparents
  • children (including adopted and stepchildren)
  • grandchildren
  • siblings
  • aunts and uncles
  • nieces and nephews.

If there is more than one family member eligible they should agree on who takes over the tenancy. If they can not agree, we will look at all relevant factors and make a decision.

Apply for succession

If you think you may be eligible you should contact the tenancy management team on 01932 838383 or email tenancy.management@runnymede.gov.uk as soon as possible after the death of the tenant.

If you do not have the right to succeed to the tenancy we will discuss your housing options with you.

Assignment

You can legally transfer your tenancy rights to your partner or a member of your family by 'assignment'.

You will need our permission to do so and we will draw up a Deed of Assignment.

If you have a joint tenancy and one person moves out, the tenancy can be assigned to the remaining tenant. The courts can also order an assignment as a result of divorce proceedings or dissolution of a civil partnership.

Eligibility

A married or unmarried partner (including same sex partners) can take over the tenancy.

If a secure tenancy was granted before 1 April 2012, other family members are also eligible:

  • parents
  • grandparents
  • children (including adopted and stepchildren)
  • grandchildren
  • siblings
  • aunts and uncles
  • nieces and nephews.

We may refuse an assignment if:

  • the new tenant is not financially secure
  • the original tenant has rent arrears
  • we have started eviction proceedings against the original tenant
  • the property has been adapted for a person with disabilities and there would no longer be a person with disabilities living there.

Apply for assignment

Assigning your tenancy may affect your chances of being re-homed in the future so it's a good idea to get housing advice before doing so.

To apply for assignment please contact tenancy management on 01932 838383 or email tenancy.management@runnymede.gov.uk