Succeeding to a Scottish Secure Tenancy

Succession is the transfer of a tenancy from the tenant to someone else when the tenant dies.
To make sure you have the right to pass on your tenancy (through succession) you must have keep your household details up to date and tell us as soon as someone moves in to your property, including anyone who is caring for you.  
To update your household details please fill in our online Census and Equalities Form.


Who can apply for succession?
Only certain people over 16 year of age can apply for to succeed the tenancy when a tenant dies. These people fall into three categories:
First priority - a joint tenant, husband, wife or civil partner of the tenant who dies.  This must have been their only or main home at the time of death.
A partner of the same or different sex must have lived at the property for 12 months before the tenant’s death and we must have been told at the time they moved in.  
Second priority - a member of the tenant’s family (parent, grandparent, child, grandchild, step child, foster child, brother, sister, aunt, uncle, nephew, niece).  They must have lived at the property for 12 months before the tenant’s death and we must have been told at the time they moved in.  
Third priority - a carer who is providing care for the tenant, or a member of the tenant’s family and has given up their main home to do so.  They must have lived at the property for 12 months before the tenant’s death and we must have been told at the time they moved in.  


If eligible an application can be made by filling in our Application to Succeed a Tenancy Form.


Important points
• A main home is somewhere you have a major connection with. It is possible to spend temporary periods of time away from a main home (for example a student or forces staff who live away for months at a time but returns home).
• Under the Housing (Scotland) Act 2001, a tenancy can only be transferred twice through the right of succession.
• A joint tenancy does not end when one joint tenant dies – it will transfer to the other joint tenant who will become the main tenant and have to continue paying the rent.
• If someone living in the property qualifies to take over the tenancy, but chooses not to when the tenant dies, they must give four weeks written notice, and leave the home within three months.

If the property has been specially adapted it can only be succeeded by someone who is eligible and can prove they have the special need for that specific accommodation.

You can get more information from our Succeeding to a Scottish secure tenancy leaflet.

Contact Us

Housing and Property

housing@moray.gov.uk

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