If a current tenant dies, the Scottish Secure Tenancy can be taken over by another member of the household. This is known as Succession to Tenancy.
Tenants may have people living with them who are not joint tenants, who may wish to take over the tenancy after the tenant dies. This could be an unmarried partner, family member or carer.
To protect their right to ‘succeed to your tenancy’, the tenant must tell us in writing that the person who wishes to take over the tenancy has moved in with them at the time they do so. If someone has already moved in and they have not told us, it may affect their right to succeed to your tenancy.
To succeed to a tenancy if a tenant dies after 1 November 2019, any person who is not their lawful spouse or civil partner must have lived in the property as their only or principal home for at least 12 months immediately prior to the tenants’ death.
The 12-month period only starts when we receive written notification from the tenant that the other person is living in the property as their only or principal home. This is very important if someone else has given up their own home to care for you.
For more information about succeeding a tenancy with one of our social landlords please click below: