Failed succession cases are becoming increasingly common across the social housing sector – some straightforward, others far more complex. A frequent challenge is the risk of adjournment, often because social landlords are scrutinised for incomplete decision-making or gaps in documentation, or because tenants are given extra time to file evidence. The best way to avoid delays, costs, and uncertainty is to make sure your position is clear in pleadings, correspondence, and witness evidence from the outset.
Succession can be simplified by applying a three-tiered approach: start with the statutory position, then review the tenancy agreement to check whether the terms extend the legislative position, and finally consider any discretionary policies. Even where there’s no statutory right, taking these steps, keeping strong paper trails, and communicating decisions clearly will help demonstrate fairness and compliance and crucially, reduce the risk of adjournments and prolonged proceedings when you’re seeking possession. Below is an outline of the statutory position to assist with the first stage of that approach.
Key legislation:
- Secure tenancies: Housing Act 1985 (Sections 86A–89)
- Assured tenancies: Housing Act 1988 (Section 17)
- Key amendment: Localism Act 2011 (effective from 1 April 2012)
Pre-2012 position
Secure Tenancies (Housing Act 1985)
- One statutory succession allowed.
- Who can succeed?
- Spouse or civil partner living in the property at time of death.
- Other qualifying family members (as defined in s.113 HA 1985) if they lived with the tenant for 12 months prior to death.
- Family members include: parents, children, siblings, grandparents, grandchildren, aunts/uncles, nieces/nephews.
- If multiple eligible family members, preference order:
- Spouse/civil partner first.
- Others as agreed or selected by landlord.
- Under-occupation: Landlord can seek possession if successor under-occupies (Ground 16, Schedule 2 HA 1985).
Assured Tenancies (Housing Act 1988)
- Statutory succession limited to:
- Spouse, civil partner, or person living as such.
- Must occupy as only or principal home at time of death.
- No right for other family members under statute.
- Only one succession permitted.
Post-2012 Position (Localism Act 2011)
Secure Tenancies
- For tenancies granted on or after 1 April 2012:
- Statutory succession restricted to spouse/civil partner only.
- No automatic right for other family members.
- May offer contractual succession in tenancy agreements or policies.
Assured Tenancies
- No change: still only spouse/civil partner or person living as such.
- No statutory right for wider family members.
Succession rules are often complex, and failed cases are becoming more common. This guide sets out the statutory framework, but it is important to go further than legislation: check the tenancy agreement for any extended rights and review discretionary policies that may apply. A clear, structured approach, combined with transparent communication and thorough record-keeping can be pivotal when seeking a possession order and help to avoid adjournments caused by incomplete decision-making.
If you would like to discuss further, please get in touch with our housing management team.