“Succession” is the term used to describe when a tenant dies and the tenancy is taken over by another person who qualifies to do so. This person is the “Qualifying Person”.
The Housing Scotland Act (2001) section 22 Schedule 3. This is the section of the Housing Act that we will follow to determine the rights of succession.
Only a ‘qualified person’ can succeed to a tenancy. For ‘qualified persons’, there are also residency requirements that must be met before they are entitled to succeed to a tenancy.
The definition of a ‘qualified person’ and the necessary residency requirements are found in Schedule 3 of the Act and are detailed below;
The house must have been the person's only or principal home at the time of the tenant's death.
Section 13(a) and 13(d) of the 2014 Act make changes to the rules on succession for unmarried partners. A person living with the tenant as husband and wife, or a person in a relationship with all the characteristics of the relationship between a husband and wife except that the persons are of the same sex;
The house must have been the unmarried partner’s only or principal home for 12 months before they qualify to succeed to the tenancy (previously this was 6 months).
And
The 12 month period cannot begin unless we have been told that the individual is living in the property as their only or principal home. We must have been told that by the tenant, a joint tenant, or the person who wishes to succeed to the tenancy.
The house must have been the surviving joint tenant's only or principal home at the time of the other joint tenant's death. It is important to note that if the tenancy was a joint tenancy and one tenant dies, then the remaining joint tenant is entitled to succeed and this is counted as one of the two successions.
Section 13(b) and 13(d) of the 2014 Act make changes to the rules on succession for family members:
The house must have been the family member’s only or principal home for 12 months before they qualify to succeed to the tenancy (previously there was no qualifying period, the person simply had to be living there at the time of the tenant’s death).
And
The 12 month period cannot begin unless we have been told that the family member is living in the property as their only or principal home. We must have been told that by you, a joint tenant, or the person who wishes to succeed to the tenancy.
Section 13(c) and 13(d) of the 2014 Act make changes to the rules on succession for carers:
The house must have been the carer’s only or principal home for 12 months before they qualify to succeed to the tenancy (previously there was no qualifying period, the person simply had to be living there at the time of the tenant’s death and have given up a previous home to provide the care).
And
The 12 month period cannot begin unless we have been told that the carer is living in the property as their only or principal home. We must have been told that by you, a joint tenant, or the carer.
If there are several qualifying people within the household, then the legislation states the order of priority. This means that if there are people living in the property sitting within different priority groups then the first group will have priority over the second and third groups.
Where there is a dispute amongst members of the tenant’s family entitled to succeed, an agreement should be reached between the parties within 4 weeks of the tenant’s death. If no such agreement is reached, West Dunbartonshire Council will make a decision. This decision will be final.
The Act allows for two rounds of succession to take place. On the death of the original tenant, the tenancy passes to a qualifying person; on the death of a qualifying person who succeeded to the tenancy after the first death, the tenancy passes to another qualifying person.
A house will be considered by West Dunbartonshire Council to be a person's principal home where they have a substantial connection to it. Even if a person is temporarily absent from the property, a house will be considered to be the principal home if a person intends to return and can display some sign of that intention.
Examples of acceptable documentary evidence to show the tenancy is your principal home are listed below;
If there is a qualified person living in the property, but they do not wish to succeed they must give notice to the landlord within 28 days of the tenants’ death. This must be done in writing using the form below..
Assigning your Tenancy is where you pass on your tenancy, including all of your rights and responsibilities, to another person, known as an assignee.
To qualify, the person you want to assign your tenancy to must have resided at your address as their principal home for at least 12 months prior to your application. The 12 month period cannot begin unless we have been told that the person is living in the property as their only or principal home. We must have been told that by you, the tenant, or a joint tenant, or the person you now wish to pass the tenancy to. If we have already been told that the person is living in the property we do not have to be notified again.
of this.
To apply for an assignation please complete the below form.