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Blackpool Coastal Housing Ltd
Progress House
Clifton Road
Blackpool
FY4 4US
T 01253 477900
Email:
enquiries@bch.co.uk
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Blackpool Coastal Housing
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Your tenancy
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Successions and Assignments
Your tenancy
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Your Tenancy
Blackpool Coastal Housing
25-27 Laycock Gate
Queens Park
Blackpool
FY3 8AT
(01253) 477971
yourtenancy@bch.co.uk
Succession
On the death of a tenant, a member of the family may be able to take over the tenancy, becoming the new tenant, acquiring all of the rights and responsibilities of the tenancy. The person who takes over the tenancy is called a 'successor'.
The following people have the right of succession to the tenancy:
The deceased tenant’s husband/wife or partner
A member of the deceased tenant’s family (son, daughter, parent, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece)
Priority is given to the tenant’s partner/spouse followed by a family member.
In all cases, the successor must be living at the property as his/her only or principal home at the time of the tenant’s death. If the successor is not the husband/wife/partner of the deceased tenant, the family member must also be able to prove that he/she has lived with the tenant for 12 months ending with the date of the tenant’s death. If you are part of a same sex couple and have a Civil Partnership - you will have the same right to succeed as a spouse (providing you have legally registered your partnership)
Occasionally, more than one relative may be entitled to take over the tenancy. Eligible successors may decide between themselves who takes over the tenancy, but if there is no agreement Blackpool Coastal Housing is entitled to choose who the tenancy will pass to.
The law only allows one legal succession, although Blackpool Coastal Housing will consider the re-housing of resident family members even when a succession has already taken place.
Under some circumstances when the property passes to a family member other than the spouse/partner, we may ask him/her to move to another property. This may happen if the property is too large for the person succeeding to the tenancy and/or the property is designed or has been adapted for the use of someone with a physical disability and that person no longer lives in the property.
Following the death of the tenant, the person left living in the property should inform their Housing Office as soon as possible. You will need to take along a copy of the death certificate. We will arrange to interview the person and make a decision with regard to the succession. A decision will made within 28 days.
Assignment
Assignment is a transfer of tenancy from a sole tenant to another person, which is as a result of a request from the sole tenant to hand over their tenancy ("assign it") rather than as a result of the death of the tenant.
Essentially, the same rules apply as with a succession.
There can only be one assignment to the tenancy. We can refuse an Assignment where we feel it is unreasonable, for example where it would result in the property being under-occupied. There are very limited circumstances when permission may be given for the assignment of a tenancy to another person. These are if:
A Court has made a 'Property Adjustment Order' because of divorce or child care proceedings
You exchange your home with another tenant of a local authority or registered social landlord (housing association) and we have approved the exchange in writing
You assign the tenancy to a person who would be legally entitled to succeed to the tenancy
If you wish your tenancy to be assigned, contact your local Housing Office and a decision will made within 28 days of receiving the application. If the tenancy is to be assigned, the tenant and the person they wish to assign will both be asked to sign to agree to the assignment.
How to apply
If you wish to apply to succeed to a tenancy, or alternatively you are thinking of assigning your tenancy to another person please contact your local Housing Office for details or the appropriate application form. Alternatively you may complete the following application form by going to the
Forms
page and clicking on the relevant form as indicated. You can take this application form in to any of our local housing office's -details of how to contact us can be found on the
Leaflets
page - Contact Details.
How To Contact your Local Housing Office
Click on the link for
Leaflets
and go to 'Contact Details'
Page last modified on 18 November 2008
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