Succession and tenancy changes

The table below shows the smallest household size allowed to remain in the property following a succession, a new tenancy upon death of the householder, assignment, or a mutual exchange. 

*Single persons eligibility for a 3-bedroom property: 

• a single person would not normally be permitted to exchange into a 3-bedroom property

• a single person with a right to succession on the death of the tenant would be permitted to occupy a 3-bedroom property (see below) 

• a single person without the right to succession but meeting one of the criteria in section 'If you do not qualify for a succession by law' may be granted a new tenancy of a 3-bedroom property in which they had been living. However, this would not apply to a 3-bedroom 'parlour' type house, when alternative accommodation would be offered instead.  

Succession 

Succession is where you take over a tenancy when the tenant dies. The rules around succession are written in law and clearly state when you are entitled to 'succeed' a tenancy. Where reference is made to 'partners', this includes same-sex partnerships. 

When a person can succeed a tenancy

A succession will only be allowed once, for example: the tenancy has not previously been succeeded to. The successor must be the tenant's husband, wife, partner or civil partner or another member of the tenant's family. If the person wishing to succeed is not the husband, wife, partner, or civil partner, they must have lived with the tenant continuously for the 12 months before their death.  

Joint tenancies will not be granted on succession. 

If you have the right to succeed the tenancy of a property which is larger than you need or was built or adapted for a person with medical needs, or there is an age criteria and you do not qualify, we may require you to move to another suitable home by awarding you a 'direct let'. If you are asked to move to a more suitable property, you will be given notice no sooner than 6 months, but no later than 12 months after the death of the tenant. 

If you succeed to the tenancy of a larger property than you need, and would prefer to move to a property with fewer bedrooms you may be given a 'direct let' under 'best use of stock'. 

How a decision will be made if more than one person wishes to succeed

The tenant's husband, wife, partner, or civil partner will be given priority over any other member of the family. 

In the absence of a husband, wife, partner, or civil partner the member of the family who has continuously lived in the home the longest (in excess of 12 months) will succeed to the tenancy. If the households decide that a different member of the family (who has lived continuously within the home for at least 12 months) should succeed the tenancy, this will be allowed. 

If you do not qualify for a succession by law 

The law states that there is only one legal right to succeed to a tenancy. Therefore, if someone has already succeeded to the tenancy, a further succession would not be granted. However, we may grant you a new tenancy under certain circumstances as follows: 

• you are a partner or relative who has lived in the property for at least the last two years of the tenant's life

• you have accepted responsibility for the tenant's dependants

• you have lived with the tenant for at least the last 10 years of the tenant's life and were not paying money to the tenant as rent

In circumstances where you qualify for a new tenancy (as outlined above), but the property is too large for you and you would prefer to move to a smaller home, we will offer you an alternative suitable property. 

Properties set aside for older people, people with mobility needs, 4-bedroom, and 3-bed 'parlour' type homes 

If the property is larger than you need, or was built or adapted for a person with medical needs or has an age criteria and you do not qualify for this property type, you may be made a reasonable offer by way of a 'direct let' to enable you to move into another more suitable property. If you refuse rehousing, a final offer will be made to you before legal action is taken to repossess the property. 

Assignment 

There are legal requirements relating to when you have the right to assign or sub-let your home. Assignment in general is prohibited. However, if you are a secure tenant and have not succeeded to that tenancy, you may apply to assign the tenancy to a member of your household. The person you wish to assign to must have lived with you for a continuous period of 12 months prior to assigning the tenancy.  

Assignment may be allowed in the following circumstances: 

• where the assignee could have succeeded to the tenancy if the tenant had died immediately before the assignment

• where the assignment is required in order to ensure that children are safeguarded under the Matrimonial and Family Proceedings Act. This is where the family home (or tenancy) has been awarded by the court to the parent taking sole responsibility for children

• the current tenant is transferring for medical or disability reasons and the new home is not large enough for the potential assignee to live there with them

• the tenant is transferring to somewhere to be cared for, such as a residential home, and the potential assignee is not permitted to go

• the tenant is going to live with a new partner and the partner's home is not large enough for the potential assignee to live there

• the tenant is moving to a different part of the country and the potential assignee has strong links with Gateshead, for example they work or study here

If the assignee would not qualify for the property because it is larger than they need, was built or adapted for a person with medical needs, or has an age criteria which is not met for this property type, they will be made one reasonable offer by way of a direct let to enable them to move into another more suitable property. 

The current tenant and the potential assignee must meet the requirements on debt, antisocial behaviour and condition of the home as set out in section 4.3 of our Allocations Policy.

Joint tenancies 

Joint tenancies will be granted if: 

• you are married

• you are living together (cohabiting) as a couple. This includes same-sex couples 

• 2 or more people have originally joined Gateshead Home Choice together

Sole to joint tenancies 

As a sole tenant you can ask for a new joint tenancy to be granted if both parties are eligible to join Home Choice, are not subject to exclusion, and the other person: 

• is your husband or wife or civil partner

• has lived with you as a partner (cohabited) for the last 12 months 

• would be offered that property on their application