Tenancy succession and assignation

Tenancy succession

Tenancy succession is where the tenancy is passed on to a qualifying person on the death of the tenant.

  • A tenant's surviving spouse (or cohabiters) has first priority. The house must have been their sole or principal home for six months prior to the tenant's death. Or a joint tenant, if the house was their only principal home on the tenant’s death.
  • A member of the tenant's family has second priority, if there is no surviving spouse, cohabiter or joint tenant. The house must have been their only or principal home and they are 16 years old.
  • A carer (over 16 years of age) has third priority. They must be occupying the property as their principal home and have given up their previous home to do so.

 

The tenancy can only be inherited twice. If the tenancy has already been inherited twice, a third death will normally end the tenancy. However, if there is a surviving joint tenant their Scottish secure tenancy agreement will continue.

If the property has been designed or adapted for someone with a disability then only a qualifying person with a disability can succeed to the tenancy. If a qualifying person cannot succeed to an adapted property because they have no disability we will provide other suitable accommodation.

If no one qualifies for the tenancy, we can transfer the tenancy to another person. We may agree to transfer the tenancy to someone who:

  • had a close relationship with the tenant (e.g. relative, partner, carer), and
  • lived with the tenant in the house as their only or principal home at the time of the tenant’s death, and
  • has no other accommodation available to them to occupy.

 

If we agree to transfer the tenancy a new tenancy agreement will be started and it will not be a succession to the previous tenancy.

More information on tenancy succession are provided in Section 7 of your Scottish secure tenancy agreement. Or contact your local Housing office for more details.

 

Tenancy assignations

Tenancy assignations are where you pass the tenancy to someone else. A tenant can assign their property with the consent of the landlord.

If you wish to assign your tenancy you must write to us to request permission. Write to your local Housing office.

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