If you are a family member of a current tenant, the tenancy of a home can be passed on after the tenant dies. This can usually only happen once.

The tenancy can be passed to:

• the tenant's spouse or civil partner if they lived at the address, or
• the tenant's family member if they lived at the address with the tenant for at least 12 months, or
• a person who has moved in to take over the care of the tenant's dependent children, or
• a person who gave up their own tenancy to care for the tenant at the address

If the home is too large for the successor's needs, the landlord may offer a smaller property as an alternative.

Contact us for further information

028 9087 6000

If you hold a joint-tenancy or you are the tenant’s partner, a court can "assign" a tenancy into your name as part of divorce or separation proceedings. Your solicitor can help with this.

Your landlord may also be able to "assign" or give your tenancy to someone else. This will only happen for certain reasons, such as:

• you can no longer act as the tenant because of an impairment or disease
• you have left the property and someone else has moved into it to care for your children
• you have to move into supported or sheltered housing and someone who has been living with you wants to stay in the property
• you have to move into residential care but someone who has been living with you wants to stay in the property

Conditions apply to each of these cases.

You can ask us to add someone as a joint tenancy if:

• they are your husband wife or civil partner, or
• they've been living with you as part of your household for at least a year,
• they could inherit the tenancy when you die or
• they lived with you when you first moved into your home

We will ask for proof that they have been living with you. Things like utility bills, bank statements or official letters will help prove this.

Rights and Responsibilities

Joint tenants both have equal rights to a home. You are both responsible for:

• paying the rent
• looking after the property
• each other's behaviour
• Keeping to the terms of the Tenancy Agreement

Changes to Benefits after you create a joint tenancy

Your benefits may change if you add someone to your tenancy. That person is now responsible for paying some of the rent. Universal Credit, or Housing Benefit, can refuse to help with your rent if they think you've changed your tenancy so that:

• you can claim benefits when you couldn't before, or
• you can claim extra benefits to help with rent

We recommend that you seek advice before you proceed with creating a joint tenancy.

Both joint tenants have equal rights to the property. This can cause problems if you don't want to live with the other joint tenant. Clanmil will not decide who gets the tenancy if you both want to stay in the property as sole tenants. You will have to:

• negotiate and try to agree with each other, or
• ask the courts to make the decision

We suggest you seek legal advice.