Adviser: Staying in the family home after a death 

We recently helped Albert stay in his family home after his mother died.

Albert’s dad died a few years ago, leaving Albert and his mum in the housing association home they’d rented since the 80s. Albert’s mum sadly passed away earlier this year. When sorting out her estate, Albert asked the housing association to transfer the tenancy into his name. The housing association refused. They said the property had already passed from Albert’s dad to his mum and there was no further right to pass the tenancy on.

Albert came to Housing Rights for help. He told his adviser Yolande that his mum had always said the house would pass to him if anything happened to her.

Yolande explained that the law gives secure tenants a right to pass on their homes. This is called succession. But the law only allows a tenancy to be passed on once. When Albert’s dad died, the housing association allowed his mum to inherit the tenancy.  

The right to pass on a tenancy after death

In some circumstances, a tenancy can be passed on after the tenant dies. Article 8 of The Housing (Northern Ireland) Order 1983 sets out that a tenancy can be passed to  

• the tenant's spouse or civil partner if they lived at the address
• the tenant's family member if they lived at the address with the tenant for at least 12 months
• a person who has moved in to take over the care of the tenant's dependent children
• a person who gave up their own tenancy to care for the tenant at the address

The housing selection scheme is a set of rules that the Housing Executive and housing associations use when granting a tenancy to someone. These rules allow for a "policy” succession in cases where a person has no legal right to inherit a tenancy. This can happen if

• the applicant was the partner of the tenant and they had been living together for a year
• the applicant gave up a home so they could live with the tenant and care for them before their death
• the applicant is now responsible for the tenant’s dependent children
• a senior manager decides the applicant should succeed because of their specific circumstances

Challenging the decision to refuse a succession request

Yolande wrote to the housing association. She argued that Albert’s situation was exceptional and should be considered under the policy succession rules.

Yolande’s case hinged on Albert’s health issues. He was an older man who had never lived anywhere else. He had significant mental and physical health problems. The fear of losing the only home he had ever known was making these much worse.

The housing association refused the request. They stated that  

• Albert's circumstances were not exceptional  
• Albert should present as homeless to the Housing Executive who had a duty to find him a new home

Complaining about the housing association’s decision

Keen to help Albert as best she could, Yolande made a formal complaint to the housing association about their decision.   

Yolande followed the association’s complaints procedure. All registered housing associations have a formal complaints procedure. You can complain to the NI Public Services Ombudsman if you’re not happy with how the association has dealt with a complaint.

Yolande’s first-stage complaint was successful. Albert’s area manager agreed that they hadn’t given enough consideration to his vulnerabilities and to the length of time he’d lived in the property.

Yolande was delighted to tell Albert his home was safe. She helped him apply for Universal Credit so he could pay the rent on the property. Albert is feeling both happier and healthier since signing his tenancy agreement.