What Rights Do Tenants Have Regarding Succession Claims in Wales
Under the Renting Homes (Wales) Act 2016, tenants in Wales—now referred to as contract-holders—have clearly defined rights regarding succession. Succession is the legal process that allows another person to take over an occupation contract when the original contract holder dies.
These rules ensure the security of tenure for families and household members who might otherwise face homelessness. They balance the rights of landlords with the need to protect vulnerable people from homelessness in times of bereavement.
What Is Succession
Succession in renting law refers to the right of another person to continue the occupation contract when the original contract holder dies.
Instead of ending automatically, the contract can pass to someone else in the household, providing stability and avoiding the trauma of losing a home at a difficult time.
Occupation Contracts in Wales
The Renting Homes (Wales) Act 2016 replaced traditional tenancies with Assured Shorthold Tenancies (ASTs). These include:
- Secure occupation contracts: typically granted by social landlords (like councils or housing associations).
- Standard occupation contracts: used mainly in the private rented sector.
Succession rules apply to both types of contracts but can differ slightly depending on the type.
Why Succession Rights Matter
Succession rights help to:
- Provide certainty and stability to families and households.
- Prevent homelessness in the event of the contract holder’s death.
- Recognise the contributions of people who have lived in and maintained the home.
- Protect vulnerable people, such as elderly partners, children, or carers.
Who Can Succeed in an Occupation Contract
The law outlines the eligibility requirements for succession. Generally, a person can succeed if they are:
- The spouse or civil partner of the deceased contract-holder.
- A partner who lived with the deceased as if they were married or in a civil partnership.
- A family member who lived with the deceased for at least 12 months before the death.
- A carer or other person with a recognised need who occupied the dwelling with the deceased under specific conditions.
Eligibility can depend on the type of occupation contract and the landlord’s policies.
Priority of Successors
If more than one person is eligible to succeed, the law sets a priority order.
For example:
- The spouse or civil partner has priority over other family members.
- Partners living together as if married or in a civil partnership are following in priority.
- Then, other family members or carers who meet the residence requirements.
Only one succession is usually allowed, so the person with the highest priority will succeed.
Succession in Secure Occupation Contracts
For secure occupation contracts (often used in social housing):
- There is typically an automatic right of succession for a spouse, civil partner, or partner who lived in the dwelling as their home at the time of death.
- A family member may also be eligible if they lived in the dwelling as their primary or sole residence for at least 12 months prior to the death.
Secure contracts often have broader succession rights because they aim to protect vulnerable households.
Succession in Standard Occupation Contracts
For standard occupation contracts (the usual private rented form):
- A spouse, civil partner, or partner living with the contract holder at the time of death usually has the right to succeed.
- Other family members may be eligible if they resided on the property for at least 12 months before the death.
Private landlords can sometimes limit or modify succession rights through additional terms in the contract, but they cannot remove all statutory rights.
Conditions for Succession
To succeed, an eligible person must usually:
- Have occupied the dwelling as their only or main home at the time of the contract-holder’s death.
- Meet any minimum residence requirements (such as the 12-month rule for family members).
Landlords may request evidence to verify eligibility, such as utility bills, bank statements, or other relevant documents.
Limits on Succession
Generally, only one succession is allowed under the Renting Homes (Wales) Act 2016.
This means that once the contract passes to someone else, it cannot usually be reassigned again when that person dies.
However, there are exceptions for joint contracts and specific social housing rules, where landlords may permit further successions in specific cases.
Succession and Joint Occupation Contracts
If the deceased was a joint contract holder, the other joint contract holder (s) automatically continued the contract.
The death of one joint contract holder does not terminate the contract for the surviving contract holder (s).
This provides clear protection for joint tenants, such as partners or friends sharing a home.
Applying for Succession
After a contract-holder dies, the eligible successor should:
- Notify the landlord of the death as soon as possible.
- Provide evidence of eligibility (relationship, residence, etc.).
- Discuss the process with the landlord or housing officer.
Landlords may have specific procedures for assessing and confirming succession claims.
Landlord’s Role in Succession
Landlords must:
- Consider succession claims fairly and in line with the law.
- Assess eligibility based on the Renting Homes (Wales) Act 2016 and the written occupation contract.
- Respect the priority rules if multiple people are eligible.
- Provide clear decisions and reasons for refusing a claim.
Social landlords often have detailed succession policies to ensure consistency and fairness.
Challenging a Refused Succession
If a landlord refuses a succession claim:
- The applicant can ask for a review under the landlord’s complaints procedure.
- Seek advice from organisations such as Shelter Cymru or Citizens Advice.
- Consider legal action in court if they believe the refusal was unlawful.
Tenants and their families should act quickly if disputes arise.
Managing the Contract After Succession
If succession is granted:
- The eligible person becomes the contract holder with the same rights and responsibilities.
- They must comply with the terms of the occupation contract, including rent and property care.
- Landlords may discuss renewing or updating the written statement to reflect the new contract holder.
Best Practice for Landlords
Landlords should:
- Include transparent and fair succession terms in written employment contracts.
- Communicate sensitively and clearly with bereaved families.
- Keep records of succession discussions and decisions.
- Ensure staff are trained on the requirements of the Renting Homes (Wales) Act 2016.
- Handle succession claims promptly to avoid uncertainty and distress.
Supporting Tenants and Families
Succession rules aim to protect people at vulnerable times. Good landlords will:
- Provide clear information about succession rights.
- Be sympathetic and understanding.
- Help eligible people stay in their homes if the law allows it.
- Signpost tenants to advice services if needed.
Why Succession Rights Exist
Succession rights help prevent homelessness and disruption for families after the death of a loved one. They ensure people who have lived in a property as their home can continue to do so when the primary contract holder dies.
This policy promotes stable and secure communities, protecting vulnerable individuals from unnecessary hardship.
External Useful Links
- Welsh Government Renting Homes Guidance: www.gov.wales/renting-homes
- Rent Smart Wales: www.rentsmart.gov.wales
- Shelter Cymru – Tenant and Landlord Advice: www.sheltercymru.org.uk
- Citizens Advice Wales – Housing Help: www.citizensadvice.org.uk/wales
- Law Wales – Renting Homes Act Overview: law.gov.wales/housing-and-local-services/renting-homes
FAQs
What is the succession in renting?
It’s the right for another person to take over an occupation contract after the contract holder’s death.
Who can succeed to a contract?
Spouses, civil partners, partners living as such, or family members who meet residence requirements.
Is there a residence requirement?
Usually 12 months for family members or carers.
How many times can a contract succeed?
Generally, only once, except in specific situations, such as joint contracts.
What happens with joint contract-holders?
If one dies, the other automatically continues the contract.
Can landlords refuse succession?
Only if the legal conditions are not met landlords must assess claims fairly.
The British Landlords Association is a national landlord association for UK landlords and one of the largest landlord associations in the UK. The BLA is the only commercial landlords association in the UK. Join us now for £79.95!
Our top read blogs:
Is Commercial Property a Good Investment in England & Wales?
Commercial Property Rent Review Protocol
Investing in Commercial Property vs Residential Property: The Advantages and Disadvantages
