Succeeding to a Scottish Secure Tenancy

Succession is the transfer of a tenancy from the tenant to someone else when the tenant dies. 

Changes to housing law will come into effect in 2019. The changes include some of the rules around when people can succeed to (take over) a Scottish secure tenancy on the death of the tenant.The changes do not apply to a spouse, civil partner, or joint tenant.

 To protect the right to succession you must have told us about the person as soon as they move in.You can read our leaflet to find out more information about the changes to the rules around succession. To update your household details fill in our Census and Equalities form.

Who can apply for succession

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.

Second priority: a member of the tenant’s family and you are aged 16 or over.

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 overand 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.

Contact Us

Housing and Property

housing@moray.gov.uk

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