Transferring a tenancy

Succession of a secure tenancy

Oxford City Council outlines who can inherit a secure tenancy after a tenant's death:

Spouses and civil partners

Spouses or civil partners can succeed a tenancy if they were living in the property as their main home at the time of the tenant's death.

Family members (excluding cousins)

For tenancies started before April 2012, family members, including blood and step-relatives, must have lived continuously with the tenant for 12 months before their death. This period can span different properties, for example, due to transfers or mutual exchanges.

Cohabiting opposite-sex couples

Opposite-sex couples living together are eligible for tenancy succession. The Civil Partnership Act 2004 does not extend this right to same-sex cohabiting couples without a civil partnership.

Additional conditions for tenancy succession

Other important conditions include:

• only one successor is allowed per tenancy
• spouses or civil partners generally have priority over other family members
• no succession rights exist if the tenant was already a successor
• succession can be assigned to a qualified person
• mutual exchanges only create succession if the tenant was already a successor

Procedure when no eligible successor exists

If no one is eligible to take over a tenancy, it legally ends and occupants must vacate the property.

However, our policy may offer a new tenancy to certain relatives who would have succeeded if not for a prior succession. For example, an adult child of a tenant whose tenancy began before April 2012.

These individuals have no right to remain in the property but may be relocated to suitable accommodation, like a one-bedroom flat if living alone.