The law allows the spouse, partner or adult child of a tenant to succeed to a tenancy where a tenant dies. A succession of tenancy can only happen once, so if a couple have a joint tenancy and one partner passes away the remaining partner succeeds. In that case, there can’t be a further succession to an adult child. A person can only succeed to a tenancy if they have lived in the property for at least 12 months before the tenant dies, and if it is a suitable property for them. For instance, a single young adult can succeed to a tenancy but if the property is a three-bedroom family home they will be offered a one-bedroom home instead. Only one person can be a successor tenant so if you have more than one adult child only one, normally the eldest, will succeed.
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