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Succession rights in the United Kingdom (housing law)

From Wikipedia, the free encyclopedia

Succession rights concern the ability of tenants to pass on a tenancy when they die

Succession rights in the United Kingdom is an area of housing law concerning the ability to pass on their tenancy when they die something known as a succession.[1]

Council properties

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A council house can only have one succession unless a tenancy document grants more.[2] If an inherited council house is too large for an individual's needs, then a tenant can also be evicted for under-occupation, although the council would have to provide suitable alternative accommodation.[2] The right of succession was granted by the Housing Act 1985.[3] The Localism Act 2011 amended the succession rights of tenancies created after this date and limits them to the spouse or partner of the deceased.[4]

Housing association properties

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If you are a housing association tenant, then the right to a succession depends upon whether you are an assured tenant, assured shorthold tenant or a secure tenant.[5]

Housing and Planning Bill

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The Housing and Planning Bill proposes that secure council tenancies will be replaced by tenancies lasting between two and five years. Under the proposals family members will not inherit a lifetime tenancy.

See also

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References

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  1. ^ "Archived copy" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 13 January 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  2. ^ a b "Can you inherit a council tenancy? - Shelter England". England.shelter.org.uk. Retrieved 19 September 2015.
  3. ^ "Succession". Medway.gov.uk. Retrieved 19 September 2015.
  4. ^ Wilson, W. (2014) Succession Rights and Social Housing, House of Commons Research Paper, SN/SP/1998, p. 1
  5. ^ "National Homelessness Advice Service | NHAS" (PDF).
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