Succession
Succession to a Scottish Secure Tenancy happens when the tenant dies, and a "qualifying person" inherits the tenancy. A Scottish Secure Tenancy can only be succeeded to twice, and a third death will normally end the tenancy.
If there is more than one "qualifying person", priority is as follows:
First Level
Priority goes to the surviving spouse or co-habitee (of either sex) if they have lived in the house for at least 12 months before the tenant’s death or joint tenant. The 12 month period starts when the tenant notifies ELHA that the spouse or co-habitee moved in.
Second Level
If no-one qualifies at the first level, or a qualifying person does not want the tenancy, then priority goes to other members of the tenant’s family, providing the property was their only/principal home for at least 12 months at the time of the tenant’s death. This 12 month period does not start until the tenant notifies ELHA that the spouse or co-habitee moved in.
Third Level
If no-one qualifies at the first or second level, or a qualifying person does not want the tenancy, then priority goes to carers who were living with the tenant at the time of their death, gave up secure accommodation to care for the tenant or a household member, and we had been notified by the tenant that the carer had moved in at least 12 months before the tenant died.
If the house is designed or adapted for a person with special needs, no one will qualify at level 2 or 3 unless they need the design features or adaptations. If a person would have qualified at level 2 or 3, we will make other suitable accommodation available.
A member of the household person can ONLY become a "qualifying person" and succeed to a tenancy if we have been told they have moved in. The 12 month qualifying period starts from the date we are notified, not the date they moved in. There is no obligation for us to investigate further or consider any other proof of residency. Tenants can amend their household details information at any time through their My Home account, and this creates a secure audit trail.
Contact us or use the Live Help service if you need more information about this, or if you want to claim the right to succeed.
