Your council tenancy
Taking over a tenancy when someone dies
As a Scottish Secure Tenant your tenancy can be passed on to certain people living in the property when you die. This is called Succession.
Any requests for household changes to your tenancy must be notified in writing to either your Housing Management Officer, or through direct correspondence to the Property and Housing Service. In order to consider your Succession request, we cannot rely on any household changes to your tenancy notified to other parts of the Council (such as Council Tax or Housing Benefits) as confirmation that there has been a change in your household circumstances.
If a council tenant dies, their husband, wife or partner will be eligible to take over the tenancy if the house was their only home. A joint tenant and, in some cases, a carer may also be eligible to inherit the tenancy of the house.
- First priority goes to the tenant's spouse or civil partner or the remaining joint tenant where the house was their only or principal home at the date of death or the tenant's co-habiting partner of either sex where the house was their only or principal home for 12 months prior to the tenant's death. The 12 month period cannot begin unless the Property & Housing Service has been notified in writing that the individual is living in the property as their only or principal home. The Property & Housing Service must have been told that by the tenant, a joint tenant, or the person who wishes to succeed to the tenancy
- Second priority goes to a member of the family aged at least 16 and living there as their only or principal home for 12 months prior to the tenant's death. The 12 month period cannot begin unless the Property & Housing Service has been notified in writing that the family member is living in the property as their only or principal home. The Property & Housing Service must have been told that by the tenant, a joint tenant, or the person who wishes to succeed to the tenancy
- Third priority will go to a carer providing care for the tenant or family member where the carer is at least 16, living there as their only or principal home for 12 months prior to the tenant's death and had given up a previous only or principal home to care for the tenant or family member. The 12 month period cannot begin unless the Property & Housing Service has been notified in writing that the family member is living in the property as their only or principal home. The Property & Housing Service must have been told that by the tenant, a joint tenant, or the carer
This form must be completed and signed by anyone wishing to succeed to a tenancy on the death of the tenant