Ending your tenancy

We realise that a relative or close friend’s death is difficult and emotional. We will be as sympathetic and supportive as possible during this bereavement period. However, we would appreciate you letting us know when a tenant has died as soon as possible. You will need to let us know the date of death and give details of the person dealing with the deceased’s estate. It would also help if you could let us know who will remove the deceased person’s belongings. The tenancy does not automatically end as soon as a tenant dies.

Once notified, we will apply the four-week notice period, as stated in the tenancy agreement; the rent will be due during this period. If the keys are returned before the end of the notice period, and we are able to process the property to achieve a relet before the notice period ends, we will adjust the notice period and, therefore, any debt to reflect this. You should also be aware that any housing-related benefit cannot be claimed during this time, and rent will have to be paid for from the deceased’s estate.

We understand that making the necessary arrangements and clearing the property may take some time. If this is going to take longer than four weeks, please let us know. If any items have been left behind in the property when the keys are returned to us, we will dispose of them; we may recharge the estate for this service.

However, if you believe that you have some fixtures such as carpets, curtains or blinds that are in good serviceable order and you would like to leave them for the incoming tenant (this doesn’t apply to electrical or gas appliances, you will have to dispose of these yourself) you would need to get permission from your Housing Team by agreeing to have a pre-termination inspection (PTI) carried out during which you can get permission to leave items agreed with your area housing officer.

If this process is completed, there will be no recharges for any items agreed to be left. However, if you do not obtain permission, you will be recharged. Please don’t assume that you can leave items without authorisation. If any rent arrears are outstanding, or if the account is in credit, we will notify the person(s) dealing with the estate of the deceased of the amount so that they can settle the account out of any funds left by the deceased or add the credit to the estate.

If there are insufficient funds to clear the debt, we will respond sympathetically, and in some circumstances, the debt may be written off. The deceased person’s relatives or friends are not responsible for settling outstanding arrears unless they are dealing with the estate. We would not expect people in this situation to suffer financial hardship by settling such arrears.

If you have any queries about how to deal with tenancy matters on the death of a relative or friend, please contact us at 0333 320 4555.

If you are the deceased’s wife, husband or civil partner, you should be able to take over the deceased’s tenancy. This is called succession and is where a tenant has died, and their tenancy is taken over by another person who is legally entitled to do so.

In most cases, you will be able to succeed in a housing association tenancy if:

• You are the spouse, civil partner or cohabitee of the tenant, and;
• You were resident in the property at the time of death
• The property is your only or main home, and;
• There has been no previous succession. It is not normally possible for other family members (such as children) to take over a housing association tenancy by succession unless:
• The tenancy is a secure housing association tenancy
• The other family member had been living in the home for at least 12 months before the tenant’s death, and;
• There is no surviving spouse or partner who is eligible to succeed. To determine whether you are eligible to succeed as a family member, please email us at enquiries@progressgroup.org.uk or call 0333 320 4555.

The tenancy could not be transferred again if your deceased partner or spouse was a successor. The only exception is when there is a joint tenancy and one of the tenants has died. In this case, the remaining tenant continues with the tenancy as a sole tenant.

If you succeed in a tenancy and you were not the spouse or civil partner of the deceased tenant, and you would be under-occupying the property by at least one bedroom (or two-bed spaces), we may require that you move to more suitable accommodation.

Under new government rules, you will also receive a reduction in Universal Credit. This reduction will be higher the more bedrooms you under occupy.

If you feel you have the right to succeed to a tenancy, then you must put your request in writing. You will need to provide a copy of the previous tenant’s death certificate. We can arrange for the certificate to be copied at no cost if you have the original.

If you are the husband, wife or civil partner of the deceased tenant, we will need to see a copy of your marriage or civil partnership certificate (or other evidence of your marriage or civil partnership).

If we require any further information, you will be contacted directly. 

There is no right of succession to an assured shorthold tenancy.

An assignment is the transfer of a tenancy to someone else and is not allowed except where a court orders it or with our written consent. In two instances, we will give written permission to assign a tenancy to someone else. They are:

• When exercising the right to exchange (commonly called a mutual exchange)
• When assigning the tenancy to a household member who would have qualified to succeed the tenancy if the tenant had died. The decision to assign a property this way is at our discretion and is not a right.

Please remember, unless a court has ordered your tenancy to be assigned or you are undertaking a mutual exchange, you do not have the legal right to assign your tenancy. To apply for an assignment of your tenancy, please put your request in writing, explaining the reasons for your request fully. If you have a court order, we will need to have a copy of the order.

There are some circumstances where it is unlikely we will allow an assignment of a tenancy. These are:

• where you owe rent arrears
• if we have taken legal action against you or anybody living with you or visiting your home for a breach of your tenancy agreement
• if the person you are asking your tenancy to be assigned to owes rent, or we have had to take legal action against them.

If the person you are asking your tenancy to be assigned to does not meet:

• the criteria of a local lettings plan that has been agreed upon in your area
• the criteria set out in any planning consent for your property or agreed criteria for your property.

However, a Progress Housing Group employee will discuss any issues of concern with you. If you assign a tenancy to someone else without getting a court order or our written consent first, we may commence legal action to recover possession of the property.