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Talkback Spring 2012 - Corby Borough Council

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SUCCESSION: CHANGES IN THE LAW<br />

As a result of the Localism Act new tenants taking on a<br />

tenancy after 1st April <strong>2012</strong> were afforded limited succession<br />

rights in the event of a tenants’ death.<br />

In February <strong>2012</strong> recognising that all household members<br />

should get maximum protection in the event of being left in<br />

a property after the tenant dies Elected Members made the<br />

decision to give back the right of contractual succession to<br />

specific household members in certain circumstance.<br />

If you were a tenant or joint tenant prior to April <strong>2012</strong> your<br />

rights remain unchanged and the policy approved in February<br />

gives you/your family members added protection.<br />

WHO CAN CLAIM SUCCESSION<br />

Tenant Pre April <strong>2012</strong> Tenant After April <strong>2012</strong><br />

Husband or Wife (Spouse)<br />

Co-habs: living together as man and wife<br />

Civil Partnerships<br />

Son / Daughter / Grandchild / Brother / Sister / Uncle /<br />

Aunt / Nephew/ Niece<br />

Persons who are family members who have given up their<br />

<strong>Council</strong> tenancy or tenancy with another social landlord to<br />

move in with and care for the tenant until death and the<br />

property they gave up was of the same size or larger<br />

Remarried couples or couples living as man and wife who<br />

have already succeeded to the tenancy and they then die<br />

Combining two <strong>Council</strong> tenancy households into one<br />

tenancy on the death of the tenant<br />

Other permanent family or household members who<br />

have lived together for social/economic/support, or<br />

companionship<br />

Husband or Wife (Spouse)<br />

Co-habs: living together as man and wife<br />

Civil Partnerships<br />

Sons and daughters of adult age if they have continually<br />

lived in the family home<br />

Persons who are family members who have given up their<br />

<strong>Council</strong> tenancy or tenancy with another social landlord to<br />

move in with and care for the tenant until death and the<br />

property they gave up was of the same size or larger<br />

Remarried couples or couples living as man and wife who<br />

have already succeeded to the tenancy and they then die<br />

Combining two <strong>Council</strong> tenancy households into one<br />

tenancy on the death of the tenant<br />

Other permanent family or household members who<br />

have lived together for social/economic/support, or<br />

companionship<br />

In all cases except tenancies which existed under the old rules i.e. pre April <strong>2012</strong> or are the husband or wife (spouse) of a<br />

deceased tenant, consideration will be given to the size and type of home and length of time any household member left<br />

in occupation has lived with the deceased. A family member is defined as a member of the deceased tenants’ family who<br />

is related by blood, marriage or adoption.

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