We understand that losing a loved one is a very difficult time. If someone you lived with has passed away and they were the named tenant of the home, you might need help understanding what happens next.
We’re here to support you. Please contact your housing officer if you are unsure about what to do – they will guide you through the process.
Ending a tenancy after a death
If you are a friend or relative and want to end the tenancy of someone who has died, speak to a housing officer at Apex before taking any steps. We’ll help you with the correct process.
Can I stay in the property?
In some cases, you may have the right to take over the tenancy. This is called a succession.
You may have a right to succeed if:
- You were the tenant’s husband, wife, or civil partner
- You were a close family member (like a child or sibling) who lived in the home as your main home for at least 12 months before the tenant passed away
- You were living as a couple with the tenant for at least 12 months
Note: If the person who passed away was an introductory tenant, the person taking over the tenancy will also become an introductory tenant, not a secure tenant.
When there is no legal right to take over the tenancy
If you don’t have a legal (statutory) right to succeed, Apex may still allow you to stay in some special cases. This is called a policy succession.
You may be offered the tenancy if:
- You were a carer who gave up your own home to look after the tenant
- You have taken responsibility for children or dependants of the tenant
In these situations, Apex will look at your case carefully before making a decision.
Rules on housing and policy succession
The Housing Selection Scheme rules give Apex some discretion in certain cases. Your request to take over the tenancy may be refused if:
- The property is not suitable for your needs; AND
- The home is needed for someone else on the waiting list who has a greater need for its features
This is to help make the best use of homes such as:
- Adapted homes for disabled people
- Wheelchair-accessible properties
- Single-storey homes or ground floor homes with 2 bedrooms or fewer
- Larger family homes
If this applies to you:
- You will be offered one suitable alternative property
- You have the right to challenge the decision
These rules do not affect legal successions, only policy-based ones.
What if no succession is allowed?
If you are not legally or policy entitled to take over the tenancy, but your situation is exceptional, Apex may refer your case to NI Housing Executive to consider offering you a new tenancy.
Also, please note:
- A tenancy can usually only be passed on once
- If a person has already succeeded the tenancy, it may not be passed on again unless there are very special circumstances
Need help?
We know this can be an emotional and confusing time. Please contact your housing officer to talk through your situation. We will treat your case with care and respect.
Telephone: 028 7130 4800