Staying in your council home when someone dies
You might be able to stay in your council or housing association home if the contract holder dies.
If you were a joint contract holder with the person who died, you'll keep the contract automatically. If you're not sure, check the written statement of the contract.
If you weren't a joint contract holder, you might be able to take over the occupation contract and stay in your home - this is called ‘succession’. If you take over a contract, it's called ‘succeeding’.
Occupation contracts can be succeeded a total of 2 times. For example, if the contract holder dies and their partner takes over the contract. Then the partner later dies and a member of their family takes over the contract.
You'll be responsible for paying the rent if you take over the contract - you'll usually need to pay rent from the date the previous contract holder died.
Being able to stay in your home and take over the contract will depend on things like:
- if you lived with them before they died - it will only count if it was your main home and not a temporary one
- if you were living together as a couple
- if you're related to the person who died
- how long you lived with the person who died
- the type of contract they had and how long they had it for
- what the written statement of the contract says
You'll need to tell your local council or housing association that the contract holder has died.
Check if you can take over the contract
You'll need to check what type of contract the person who died had - once you know this, you'll be able to check if you can take over the contract.
Check the written statement of the contract - it will say what type of contract it is. If you don't have a copy, ask the landlord for one.
If they had a secure contract
You can take over the contract and stay in your home if you were married to the contract holder, in a civil partnership with them or living with them as their partner. You'll also need to have been living in the property as your main home.
If you weren’t married, in a civil partnership or living together as partners
You should be able to take over the contract and stay if the property was your main home and you were living with the person who died for at least a year.
You'll also need to have been one of the following:
- related to them - this includes if they were your step-relation, half-relation or in-law, but doesn't include foster children
- their carer, or a carer for a member of their family who also lived with them - you can only take over the contract if you don’t have somewhere else to live
If they had a prohibited conduct standard contract
You should be able to take over the contract (previously called a demoted tenancy) and stay if the property was your main home and you were living with the person who died as their:
- husband or wife
- civil partner
- partner and you were living together as if you were married or in a civil partnership with them
You might still be able to take over the contract if you weren't in a couple with the person who died. You'll need to have been living with them in the property as your main home for at least a year. You'll also need to have been either:
- related to them - this includes if they were your step-relation, half-relation or in-law, but doesn't include foster children
- their carer, or a carer for a member of their family who also lived with them - you can only take over the contract if you don’t have somewhere else to live
If a contract is turned into a prohibited conduct standard contract, it will usually be for a year. After this, it will usually go back to the type of contract it was before, unless your landlord decides to evict you.
If you take over a prohibited conduct standard contract it will not change back into a secure contract until the 12 months are up. For example, if it has been a prohibited conduct standard contract for 5 months, it will stay this way for 7 months when you take it over.
If they had an introductory standard contract
You can’t usually take over an introductory standard contract.
You might not have to leave straight away if the landlord lets you stay until the end of the ‘probationary period’ - this is usually 12 months from the start of the contract.
They won’t usually let you stay after the probationary period ends.
Taking over the contract
You'll probably need to fill in a form and prove you have the right to take over the contract. Your council or housing association should send you the form when you tell them about the death. If they don't, call them and ask what you need to do to take over the contract.
You might need to provide evidence that you lived in the property, for example bank statements, bills or benefit letters.
You might also need to prove:
- the previous contract holder has died - you'll probably need to show the death certificate
- if you were married or in a civil partnership with the person who died
- the property was your main home for at least a year before the person died
- you currently live in the property
You should ask when you'll need to pay rent from if they don't tell you.
If you’re waiting to find out whether you’ll take over the contract, you can stay in your home but you’ll have to pay rent while you’re waiting for the decision.
Talk to an adviser if you need help to take over the contract.
If the council or housing association say you can't take over the contract
You might not be able to take over the contract if both of the following apply:
- you weren’t in a couple with the contract holder
- there are too many rooms in the property for you and the people you’ll live with - this is called ‘under-occupying’ the property
If this happens, the council or housing association might tell you to leave by giving you a ‘Ground G notice’. They can only give you a notice 6 months after they found out the contract holder died, so you won’t have to leave straight away.
If you think you should take over the contract, but the council or housing association say you can't, it's worth checking to see if they'll review their decision. You might need to ask them how to request a review.
Make sure you provide any evidence you have to prove you should take over the contract. This could include things like bills to show you've been living in the property for at least a year or that you're currently living there.
If your council or housing association won't review or change their decision, they might start possession proceedings - this means you could be evicted.
You'll have the opportunity to tell the court why you think you should have succeeded the contract and why you think the council or housing association is wrong. You'll need to fill in the defence form - you'll get this from the court.
You should talk to an adviser if you think the council or housing association have got it wrong.
Deciding who should take over the contract
You'll get priority over anyone else to take over the contract if you were:
- married to the contract holder
- in a civil partnership with them
- living with them as if you were married or in a civil partnership
If you’re another family member and you’re entitled to take over the contract along with other people, only one of you can take it over. You'll need to decide between you - for example, if you and your siblings can take over the contract, you'll need to decide who does.
If you can't decide, your landlord will decide for you. If you don’t agree with their decision, you can appeal to the court.
Talk to an adviser if you need help to appeal the decision.
If you can't take over the contract
You won’t have to move out straight away.
The council or housing association should give you a reasonable amount of time to leave your home. The time they should give you depends on how difficult it is for you to find another home.
You should tell your landlord if you’re disabled or there are other reasons that could make it harder to find a new home.
After this time has passed, the council or housing association will have to go to court to make you leave - this will take time. You might have to pay court costs but you could get more time in your home.
You should stay in the property until you have to leave if you have nowhere else to go. You can get help if you're being evicted.
Talk to an adviser if you're being evicted because the contract holder has died.
Rent payments while you're still in the property
You won't usually have to pay rent if you can't take over the contract after the contract holder dies.
Your local council or housing association will have to claim the money back from the estate of the person who died. Their estate means things like their belongings or any money they had.
If you stay in the property after the date you're told you have to leave, you might need to pay - your council or housing association will tell you if you do.
The money you'll have to pay is called 'use and occupation charges'. This is similar to rent but doesn’t mean the landlord has agreed a new contract with you.