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Information sheet 5 Succession

Succession To Tenancy Application


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.

If there is more than one "qualifying person" priority is as follows:

First Level

Priority goes to the surviving spouse or co-habitee (of either sex), providing they have lived in the house for at least 6 months before the tenant’s death or joint tenant.

Second Level

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 at the time of the tenant’s death.

Third Level

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 at the time of their death, and gave up secure accommodation to care for the tenant or a household member.

If no one qualifies from the first 2 levels, the house would succeed to a carer who has given up their home to move and care for the deceased tenant.

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.