We understand that dealing with the death of a loved one can be difficult. So below we’ve provided some information to help you through the process of informing us when a Southway Housing tenant has passed away.  

Losing someone is always difficult no matter the circumstances. Please make sure you don’t suffer alone. Here are some of the many free bereavement charities that are able to offer support. 

Mind has a much more extensive list of bereavement charities. 

Who should I inform ?

In the event of a death of a tenant, you should let us know as soon as possible. please see our Contact Us page for ways to get in touch.

You’ll be asked to confirm that you’re either:

  • the next of kin (the closest living relative e.g. child, parent or sibling)
  • or the executor of the estate (the person dealing with the deceased affairs in accordance with their will).

If you are not either of these, we will ask you for the contact details of someone who is. We will also need you to provide us with an official copy of the death certificate.

If someone living in one of our homes passes away it may be possible for a family member to take over the tenancy through a succession. Find out more in the tabs below.

  • Who else do I need to tell?

    There may be other people who need to be notified about the death. This can include:

    • The local council - If the resident was receiving housing benefit
    • Department for Work and Pensions (DWP) - If they were receiving Universal Credit

    To make things simpler, we recommend using the Tell Us Once service. This lets you report a death to most government organisations in one go.  Please note, we are not a government organisation, so you must still contact us directly.

  • Can I stay in my home if the person who has the tenancy dies?

    You may have the right to take over the tenancy. This process is called succession.

    If you’re listed on your tenancy agreement as a joint tenant, you will automatically succeed the tenancy and become the sole tenant in the event of the death of the other named joint tenant.  This will happen when you contact us and provide us with the death certificate.

    If the deceased was a sole tenant, in some circumstances, the tenancy can be succeeded by a someone who has been living in the home at the time of the tenant’s death.  This could be a spouse, civil partner or other family member. 

    The rights of succession can be complicated and differs depending on many factors. You can find out more here, and when you contact us, we’ll help you look at the options you have.

    If you do have succession rights but the property is no longer right for you, we may be able to move your tenancy to a different, more suitable, home or you could exchange your home.

  • Types of tenancy succession

    There are three types of succession and applications must be made within three months of a tenant’s death.

    Statutory Succession
    Joint tenants can apply for Statutory Succession when the other joint tenant has passed away.

    Contractual and Special Succession
    This only applies to those people who became a tenant before 2016. The potential successor must be a family member and have been living at the home for at least six months before the tenant passes away.

    • Contractual Succession - If the family member can show they have the right to the tenancy through a Will or Intestacy* they may be able to stay in the home
    • Special Succession Right - If the criteria above are not met, then a tenancy may be provided through the Special Succession criteria at the discretion of the Trust

    Discretionary Tenancy
    For tenants who entered into a tenancy agreement from 2016 onwards a Discretionary Tenancy may be considered for family members and carers of the deceased tenant who lived at the home for 12 months before the time of death.

    (*When a person dies without leaving a valid will, their property (the estate) must be shared out according to certain rules. This is called an Intestacy).

  • How to end the tenancy when the resident has died

    When a tenant dies the tenancy does not automatically end. To legally end it, you will need to be either:

    • The executor of the tenant’s estate — this means you’ve been named in the will as the person who will deal with the tenant’s estate after they’ve died
    • An administrator — this means that you have applied to the Probate Registry and have a Letter of Administration (Grant of Probate).

    When you contact us we will explain the official process of what will happen.

    If you decide to end the tenancy, the timeline for this to happen will be dependent on the tenancy agreement that was in place (this is usually 4 weeks). This is called the ‘notice period’.

    If you’re not the executor or administrator, we can end the tenancy for you by notifying the ‘Public Trustee’. We can explain this process in more detail when you contact us.

    Rent will continue to be charged until the tenancy has ended (in line with the tenancy conditions). However, in some circumstance, there may be exceptions to this.

    When you contact us, we will explain everything in more detail.