Who can apply?
Only certain people can take over a tenancy when the tenant dies. These people are grouped into three levels
of priority. If more than one person could qualify to take over the tenancy, River Clyde Homes use the levels of priority to help us to decide who should take it over.
The three levels are shown below.
Level One:
If you are the spouse or civil partner of the tenant and you were living in their home as your only or main home when they died (a civil partner is somebody who has entered into a formal arrangement, known as a civil partnership, which gives same-sex couples similar rights to married couples); or a partner (of the opposite or same sex) of the tenant who died, if you had been living in their home as your only or main home for at least six months before the tenant died.
Where more than one person qualifies for the tenancy under level one, they must decide among themselves who should succeed to the tenancy. If they cannot agree River Clyde Homes will decide.
Level Two:
If you are a member of the tenant’s family,are aged 16 or over and were living in the home as your only or main home when the tenant died.
Where more than one person qualifies for the tenancy under level two, they must decide among themselves who should succeed to the tenancy. If they cannot agree River Clyde Homes will decide.
Level Three:
If no one qualifies at level one or level two, or a qualified person does not want the tenancy, it may be inherited by a carer as long as they are aged at least 16 at the date of death and the house was their only or main home at the date of death and they permanently gave up occupation in their only or main home to provide care to the tenant or a member of their family.
Where more than one person qualifies for the tenancy under level three, they must decide among themselves who should succeed to the tenancy. If they cannot agree River Clyde Homes will decide.
Other Restrictions
If a house or flat has been designed or adapted for someone with special need to use, then only the following persons can succeed to the tenancy:
- a spouse
- civil partner
- joint partner or partner.
It cannot by passed to members of their family or carers unless the adaptations are appropriate to their needs.
We will provide any other person, who would otherwise have succeeded, with suitable alternative accommodation.
If only one person resides in the house and qualifies for the tenancy but does not want it, they should tell us in writing within four weeks of the death and leave the house within three months. Rent will be charged only for the actual period of occupation.
Other Information
The tenancy can only be inherited twice. If the tenancy has already been inherited twice, the third death will normally end the tenancy. This will not happen if there is a surviving Joint Tenant whose Scottish Secure Tenancy will continue. However, if there is still a person in the house who would otherwise qualify to succeed to the tenancy, the tenancy will continue for up to six months after the last death. For that period the tenancy will not be a Scottish Secure Tenancy.
