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Assignment and succession

Assignment and succession

Passing on your Irwell Valley tenancy to someone else is called either 'succession', or 'assignment'.

What is 'succession' and how does it work?

On the death of tenant, a member of their family may be able to take over their tenancy. This is called 'succession'.

The resident’s husband, wife, or partner has the first claim on the tenancy. If there is no husband, wife or partner, another family member might be able to take over the tenancy. This could include their:

  • parent
  • grandparent
  • child (including step child)
  • grandchild
  • brother
  • sister
  • aunt
  • uncle
  • nephew
  • niece

For another family member to take over the tenancy they must have been living with the resident for 12 months before their death. The property must have been the deceased resident’s main or only home.

If the property has been adapted for someone with a disability and these adaptations are no long required, we will offer the person taking over the tenancy another property.

If the property is too large and the successor wants to move to a smaller home, your should contact your local Neighbourhood Manager.

A tenancy can only be passed on once by succession. If the successor does not qualify to take over the tenancy, they may not be able to stay in the property. For further help or information contact your Neighbourhood Manager.

What is 'assignment' and how does it work?

Assignment is when a tenancy is passed on to another member of a family, meaning that the current resident will no longer be responsible for the home.

Generally, a tenancy can only be assigned by either:

  • a transfer order under the Matrimonial Causes Act 1973,
  • an exchange or
  • by passing your tenancy to a qualifying family member after the current resident has died.

A tenancy can only be transferred by assignment once. This rule does not affect assignments under the Matrimonial Causes Act 1973 or a resident’s right to exchange homes.

An Irwell Valley tenancy can only be transferred with our written permission and correct legal documentation.

To pass on your tenancy to a family member, ask your Neighbourhood Manager for a form, fill it in and return it to Irwell Valley. We will then consider your application.

For further information on assignment or succession, contact the Neighbourhood Admin Team.

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