What is a succession?
- A succession may occur after a contract holder has died and where another individual may have the right to take over the contract. The contract for both Secure and Standard is clear on who is eligible to succeed to a contract following death.
- The right to transfer to a succeeding contract holder can only take place twice. Therefore, if a contract has already been succeeded twice before, there is no right to a third succession.
- If the contract was granted on the transfer of your home from the Council to us, we will not take account of any successions before the date of the transfer.
Who is entitled to succeed a contract?
- If you are a joint contract holder and the other contract holder dies, your contract will continue in your sole name under survivorship.
- If you are not a joint contract holder, the contract may pass to you if you are the wife, husband, a civil partner or partner provided you have lived in the home at the time of the contract holder’s death. This would be regarded by us as a priority succession.
- If you are not a joint contract holder and you are not a wife, husband, civil partner or partner, the contract may pass to you if you are a family member or carer who lived in the home (as your principal or only home) for at least twelve months prior to the death of the contract holder. This would be regarded by us as a reserve succession.
- Where there is more than one person who is qualified to succeed, they will need to agree between them who will be the successor. If you cannot agree, you should all make a claim to us in writing within one calendar month of the death of the sole contract holder and we will decide to whom we will offer the contract. We will advise who the successful claimant was to everyone who makes such a claim.
What if the qualifying successor does not qualify for the type of property?
- If the property has been specially adapted and no one living in the property needs that adaptation or if the property would be larger than the person who is entitled to that contract reasonably requires, then we can offer a contract at one of our more suitable properties.
- In all instances, a letter will be sent advising you that you are unable to remain in the property but that you will be considered for alternative accommodation that is more suitable for your needs. An allocation will be made outside of the Common Allocations Policy. If you do not accept the offer of alternative accommodation, then we may consider bringing possession proceedings.