There is only one legal right to succession per family. On the death of the original tenant a relative who qualifies to Succeed (the Successor) will "inherit" exactly the same terms of tenancy. This includes inheriting any Right To Buy and may include any rent arrears or other debts of the tenancy. These rights should be clearly set out in your Tenancy Agreement.

If the Tenancy is in you name alone and you die then the tenancy can pass to your spouse (someone you were living with as husband or wife). This is counted as a succession.

If a tenancy is in joint names and one of you dies, the tenancy will automatically pass to the surviving joint tenant (who may not be your spouse). This is also counted as a Succession.

If someone succeeds to a home that is too large for their needs their landlord may ask them to move to a smaller, more suitable home. Landlords would normally only do this in exceptional circumstances.

Secure Tenancies can be passed to other adult relatives (by succession), so long as they were living in the home for 12 months or more before the tenant's death. Relatives who qualify are: a parent, grandparent, child, grandchild, sister, brother, uncle, aunt, niece or nephew (including step-relatives). However there can be no joint Succession. Succession can only be granted to one named relative.

Remember, Succession is only possible if no one else in the family has already Succeeded to that tenancy in the past. Succession can only happen once. However after one Succession a sympathetic landlord may offer a brand-new tenancy to a relative if that person needs to stay in the home. In law that is not Succession but the start of a brand-new (and different) Tenancy.

If relatives cannot agree who should Succeed to the tenancy then the landlord has the power to choose, although the rights of any remaining spouse will come first.

Housing Associations are expected to extend an Assured Tenant's right of Succession to include other adult relatives, matching the rights enjoyed by Secure Tenants. If someone moves into a home claiming a Right To Succeed to a tenancy but they do not qualify in law, the landlord has the right to ask the Courts to evict them.