What is a Succession?
In the unfortunate event of a tenants death, it is often the case that there were others living in the home at the time the tenant passed away. In these instances, certain individuals have legal rights to succeed to the tenancy.
The law states that succession to a Scottish Secure tenancy happens when the tenant dies, and a "qualifying person" inherits the tenancy. A Scottish Secure tenancy can only be succeeded to twice, and a third death will normally end the tenancy.
It is important to note that different timeframes exist at the different levels of succession for the time a “qualifying person” has had to have stayed in the house to succeed to the tenancy.
There is no qualifying period for the tenant’s spouse, civil partner or joint tenant provided (in all cases) that the person’s only or principal home was the house in question at the time of the tenant’s death.
A person falling within the following categories are qualified persons where the house has been their only principal home throughout the 12 months ending in the tenant’s death:
• Partners (cohabitants of either sex and including same sex cohabitants);
• Members of the tenants family aged 16 or over; and
• Carers aged 16 or over who have given up a previous only or principal home.
To have the right to succeed to a tenancy after living in the house for 12 months, the “qualifying person” or the tenant must also have notified the Co-operative (in writing) that the person wishing to succeed to the tenancy is living in the house and that the house is that person’s only or principal home.
The 12 month qualifying period does not start until that notice has been given in writing. The tenant (or any one of joint tenants) or the person who has moved into the house are responsible for notifying the Cooperative that the person has moved in.
Tenants can notify the Co-operative in writing by letter or e-mail and should receive written confirmation back. Without our written confirmation that we have received and approved or rejected your request, a succession will not proceed, especially as someone moving into the property may result in overcrowding where permission may be refused.
If there is more than one "qualifying person" priority is as follows:
First Level- Partners
Priority goes to the surviving spouse or co-habitee (of either sex), providing they have lived in the house for at least 12 months before the tenant’s death or joint tenant and written permission had been given by the Co-operative.
Second Level- Family members (over 16 years of age)
If no-one qualifies at the first level, or a qualifying person does not want the tenancy, then priority goes to other members of the tenant’s family, providing the property was their only/principal home for at least 12 months before the tenants death and written permission had been given by the Co-operative.
Third Level- Carers
If no-one qualifies at the first or second level, or a qualifying person does not want the tenancy, then priority goes to carers who lived with the tenant for at least 12 months before the time of their death and written permission had been given by the Co-operative.
Easthall Park recognises bereavement is a difficult and traumatic time for friends and family. Accordingly, we have developed an information sheet to outline how we can assist in these matters and provide helpful practical information and advice.
However, remember our staff are here to help. If you need assistance, please call us on 0141 781 2277 or email firstname.lastname@example.org