We understand that losing someone is never easy. So below, we’ve provided some information to help you through the process of informing us, and to explain what happens next with their tenancy.
Please tell us about the death of a Southway tenant as soon as possible. You can find ways to get in touch via our contact us page.
You’ll be asked to confirm that you’re either:
- The next of kin (closest living relative)
- Or the executor of the estate (named in the will to handle affairs)
If you’re not either of these, please give us the contact details of someone who is.
We’ll also need an official copy of the death certificate.
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 or any other state benefit
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 to let us know about their tenancy.
You may have the right to take over the tenancy. This is called succession. There are different rules depending on your situation.
If you’re a joint tenant:
You will automatically become the sole tenant once you provide us with a copy of the death certificate.
If the tenant lived alone:
A spouse, civil partner or family member may be able to take over the tenancy, but only if they lived in the home at the time of death.
Succession rights can be complex. We’ll talk you through the process when you contact us.
If you inherit a home that isn’t right for your needs, we may be able to offer:
- A move to a more suitable Southway property
- A home swap (mutual exchange)
Learn more about exchanging your home.
There are three types of tenancy succession. Applications must be made within three months of the tenant's death.
Statutory succession:
Applies to joint tenants when the other tenant dies.
Contractual and special succession:
Applies to tenants who moved in before 2016. The potential successor must:
- Be a family member
- Have lived at the home for at least 6 months
This may include:
- Contractual succession: This means if rights are passed through a will or intestacy. Intestacy is the legal process that decides who inherits someone’s estate when they die without a will.
- Special succession right: Granted at Southway Housing Trust's discretion if other criteria aren’t met.
3. Discretionary Tenancy
Applies to tenants who moved in after 2016. We may offer a tenancy to a family member or carer who lived in the property for at least 12 months before the tenant’s death.
To apply for tenancy succession, download the succession form and email it to placeshub@southwayhousing.co.uk
When someone dies, the tenancy doesn’t end automatically. It must be ended by:
- The executor (named in a will), or
- An administrator (with a Grant of Probate)
We’ll explain the process when you contact us. Usually, you’ll need to give at least 4 weeks’ notice.
If there is no executor or administrator, we may be able to end the tenancy through the Public Trustee process. We can guide you through this.
Rent will continue to be charged until the tenancy officially ends. In some cases, exceptions may apply.
When you contact us, we will explain everything in more detail.
Bereavement support
You don’t have to go through this alone. These free services can help:
If you have questions or need more help, please don’t hesitate to contact us.
