Who now has the right to succession?

By Bukola Aremu

It is important to know what changes have been made to the statutory regime for succession to a tenancy when a tenant dies. For secure tenancies, it can be found under Section 160 of the Localism Act; while for assured tenancies, it is under Section 161 of the same Act 2011.

It remains that there can only be one succession, and that when one joint tenant dies this counts as one succession. Before the Act, a wide range of family members were able to succeed to a tenancy on the death of a secure tenant, including: civil partners, parents, grandparents, children, grandchildren, aunts, uncles, nieces, nephews, and adopted children. A full list is set out at Section 113 of the Housing Act 1985.

Civil partners and spouses are entitled to succeed so long as they were occupying the property as their only or principal home at the date of the death…

If you are registered and logged in to the site, click on the link below to read the Shoosmiths briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…


2 Colmore Square
38 Colmore Circus Queensway
B4 6BJ

Turnover (£m): 92.98
No. of lawyers: 393


  • Training Contract

    Edinburgh, Manchester, Birmingham, Nottingham, Northampton, Milton Keynes, London, Reading, Basingstoke, Solent | £ 24,000