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…

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