Succession
Current position
If you die, your Scottish Secure Tenancy can be taken over by another member of your household. This is called succession. There are 3 levels of succession:
Level 1
- your husband, wife or civil partner
- an opposite-sex or same-sex partner, provided they have lived with you for at least six months
- other joint tenant
Level 2
- family member – aged at least 16 years old and was their only or principal home at the date of death
Level 3
- carer - aged at least 16 years old and was their only or principal home at the date of death. Or the carer had given up another home before the death of the tenant or they are, or have, provided care for the tenant or a member of the tenant’s family
If your home was built for particular needs or has been substantially adapted, the successor may instead be offered alternative accommodation if they do not require the adaptations. A Scottish secure tenancy can only be inherited twice in this way. After that, the Scottish secure tenancy will usually end. If no-one is qualified to or wants to succeed, the tenancy will end.
New position from 1st November 2019
Changes to succession from November 2019 will be:
- except for your husband, wife, civil partner or joint tenant, there will be a requirement that all other level 1, 2 & 3 successors must have been living in the property and using it as their main residence for 12 months;
- you must notify your landlord of the person being in the property and the 12 month residency period starts when the landlord has been notified.
This means you need to notify your landlord by 1st November 2018 to meet the 12 months residency requirement by 1st November 2019.
Please note the 12 month residency period cannot begin unless we have been notified. Any period before such notification will not count.
Your landlord can refuse the succession if both the new residency and notification conditions are not met.