Succession in a post Renting Homes world: what are the new rules?
This is a short form article providing an overview of the rules on succession in Wales following the implementation of Renting Homes (Wales) Act on 1 December 2022. The information in this article only applies to Wales.
Succession is the process of passing on a tenancy to another person when a tenant dies. The current rules to succeed a property are rather complex. Your rights depend on what type of tenancy you have and who your landlord is. Council secure tenants have always enjoyed more rights when it comes to succession than Housing Association tenants.
Succession: Four main changes to look out for post 1 December 2022
1. Councils and Housing Associations are both going to be referred to as “community landlords”. This means contract holders will have the same rights irrespective of who their landlord is.
2. “Priority” and “reserve” successors will allow:
- a clear distinction between the types of family members who can succeed a contract
- the possibility of two successions to a contract.
3. Carers to be counted as persons qualified to succeed a contract.
4. The Act attempts to clarify the position of succession between joint contract holders.
Priority successors
Priority successors can only be: -
- the spouse and or civil partner of the deceased contract holder, or
- a person who lived with the deceased contract holder as if they were a spouse or civil partner (cohabitees)
A priority successor must also have occupied the property as their only or principal home at the time of the contract holder’s death.
As the name indicates, these family members “take priority” over all other types of family members qualified to succeed the contract.
Reserve successors
Reserve successors can only be a:
- parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece
- half sibling
- stepchild
A reserve successor must also have occupied the property as their only or principal home:
- at the time of the contract holder’s death and
- throughout the 12 months before the death of the contract holder
Where there is more than one reserve successor, the Act stipulates two ways to decide who succeeds to the occupation contract:
- Reserve successors decide amongst themselves
- The landlord decides — if reserve successors cannot come to an agreement within a reasonable time
Unsuccessful reserve successors can appeal a landlord’s decision to the county court. They have 4 weeks from the date the court notifies them of the landlord’s decision.
Carers
The Act allows carers to be reserve successors provided they meet certain criteria. Carers are defined as a person who: -
- provides or intends to provide a substantial amount of care for another person on a regular basis, and
- does not provide or will not provide that care because of a contract of employment or any other contract with any person
A person does not provide care merely because he or she is given board or lodging.
They also need to meet all of the following requirements:
- 12 months leading up to the contract holders death, they were their carer “at any time”
- 12 months leading up to the contract holders death they were residing in the property and had nowhere else they were entitled to occupy
- they occupied the property as their only or principal home
Read Explanatory notes here for further information on priority and reserve succession: Renting Homes (Wales) Act 2016 — Explanatory Notes (legislation.gov.uk)
Joint contract holders
Currently, if a joint tenant passes away, the tenancy is succeeded by the remaining joint tenant and counts as a succession.
The Act allows for the contract to pass from one joint contract holder to the remaining joint contract holder upon death. This is called “survivorship” and does not count as a succession.
Joint tenancies pre-1 December 2022
If a joint tenant succeeded the tenancy before 1 December 2022, it would still count as a succession under the new rules. This is because it took place before the new rules came into force. Whether it is a priority or reserve succession will depend on the nature of the relationship between the joint tenants (see above for info on priority and reserve successors).
Reserve successors: suitability of accommodation
A landlord can issue a notice to take possession if a reserve successor succeeds a property that exceeds their needs. For example, a single person succeeds a three-bedroom house. The power to do this is under estate management “ground G”.
When considering whether to make an order for possession, the court must consider if:
- it is reasonable to make an order
- there is suitable alternative accommodation available
Read Schedule 10 for more information on reasonableness: Renting Homes (Wales) Act 2016 (legislation.gov.uk)
Read Schedule 11 for more information on suitable alternative accommodation: Renting Homes (Wales) Act 2016 (legislation.gov.uk)
General points
As advised above, there will be the scope for two successions to a contract but only if you have a priority and reserve successor.
In some cases, there may never be a priority successor if there is no spouse/civil partner/cohabitee. The contract would go from the initial contract holder to a reserve successor and then there will be no more successions.
Mariam Raza is a housing expert in the Renting Homes Wales Team at Citizens Advice.
The information in this article is correct as of the date of publication. Unfortunately, we are unable to respond to comments left on the medium site — please contact expertadvicesupport @citizensadvice.org.uk if you wish to give feedback on an article.
