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Passing your home to another person

 
You can pass your home on to somebody when you die by succession or assignment. To do this you should contact your Neighbourhood Housing Office.

Succession

Succession means passing on your tenancy to somebody who lives with you when you die. The tenancy could pass to:

  • a joint tenant who will automatically get the tenancy when the other tenant dies

  • a husband, wife, civil partner or partner who was living in the property when the tenant died. (A husband, wife, civil partner or partner can stay in the home even if is too big for them)

  • another member of the family who has been living in the property for at least 12 months before the tenant died. (In this instance, if the property is too big for the remaining family member, we can apply to the court for possession of the property. The family member will be offered another suitable place to live.)
Only one succession is allowed by law. So if your husband, wife, civil partner, partner or other family member dies and you get the tenancy, you cannot pass it to someone else when you die.

Assignment

Assignment means transferring your tenancy to another person.

You have the right to assign your tenancy to somebody who would be entitled to succeed to it when you die. The Council will not agree to this if the property would be too big for the people you want to transfer it to.

If you are thinking of assigning your property, you are advised to take legal advice first. After you have assigned your property you lose the legal right to live there. The new tenant could ask you to leave. The Council may not be able to help rehouse you.

Local Community Law Centres can offer you free advice and information.

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Contact information

  • 020 8854 8888

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