Succeeding to a Scottish Secure Tenancy

Succession is the right to pass on your tenancy to another member of your household. Certain people can apply for succession (PDF), although it normally happens when a tenant dies. These people fall into three categories:

First priority: a joint tenant, or a partner, husband, wife or civil partner of the tenant who dies (and you were living in their property as your main home when they died).

Second priority: a member of the tenant’s family and you are aged 16 or over, and were living in their property as your main home when the tenant died.

Third priority: a carer who is providing care for the tenant, or a member of the tenant’s family. You must be aged 16 or over, living in the tenant’s property as your main home when they died, and have given up your main home to live with the tenant.

Important points

  • A main home is somewhere you have a major connection with. You either live there full time, or if you do spend time away from home, it is still your main or only home (for example a student who lives out during term time but returns home).
  • Under the Housing (Scotland) Act 2001, a tenancy can only be handed on twice through the right of succession.
  • If you are in a joint tenancy, the tenancy does not end when one joint tenant dies - you will have to continue to the pay the rent.
  • If someone living in your home qualifies to take over the tenancy, but chooses not to when you die, they must give four weeks written notice, and leave the home within three months.

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