Yes, most councils give their tenants ‘succession rights’ to their rented homes, which is also referred to as ‘inheriting’ a property.

The conditions under which this can happen in England vary from council to council and are slightly different in Wales and Scotland.

Also, councils have powers of discretion, so although it may appear that you can’t inherit a property, under some circumstances this can be allowed under ‘discretionary’ rules.

What types of council tenancy are there?

There are three types of tenancy agreement used by councils and housing associations in the UK. These are introductory, secure and flexible tenancies.

Introductory tenancy

These are offered to new council tenants and last 12 months. They are a kind of ‘trial’ tenancy that come before you are offered a secure tenancy (see below) and can be extended for six months. It is not possible to access the ‘right to buy’ scheme if you’re on an introductory tenancy, and no one can inherit it off you.

Secure tenancy

These are also known as ‘life tenancies’ and enable a tenant to swap their home with another council tenant; pass it down their tenancy to a partner if they die; make improvements to a property; rent out rooms (but not the whole property); and purchase it through the ‘Right to Buy’ scheme.

Many people ask what the difference is between lifetime and time-limited tenancies - and the answer is that lifetime ones are secure tenancies while time-limited are flexible.

In 2015 the previous Conservative legislated to prevent councils offering any new secure or 'lifetime' tenancies to tenants, arguing that it would enable councils to manage their housing stock better. Existing secure tenancy holder were unaffected.

Flexible tenancy

Flexible tenancies last between two and five years and, other than the time restriction, offer the same terms and conditions as a secure one.

Can a council house be passed down?

Yes, this is allowed but most councils are strict about who can and cannot inherit a council house or flat.

The list of those who can includes people who have a direct link or relationship to a tenant and who have lived in the property for at least 12 months. Often this includes someone’s close relative, partner, wife or husband, but proof of the relationship may have to be provided, which can be tricky for partners after their other half dies, or if they were not named as a joint tenant.

What happens when a council tenant dies?

When someone dies their tenancy does not automatically end. Instead their executor or someone else looking after their affairs must give a month’s notice to the council or housing association.

If the deceased had a friend living with them, then they do not have to pay rent to the council during the notice period, which instead will chase down the unpaid rent from the person’s estate.

People who rent a council property via a joint tenancy with a partner or family member who then dies are not required to move out even if someone else has the right to inherit the property. Usually, their former joint tenancy is automatically converted into a sole tenancy and they can continue living in the property.

Can you transfer a tenancy?

Yes, but usually only if you can successfully argue that your current home doesn’t meet your needs - for example, it may be too small after starting a family. There are two ways to do it; either ask for a tenancy transfer to a bigger property in your area or do a ‘mutual transfer’ with a tenant in a neighbouring building run by another local authority or housing association.

Can I take over my mum’s council flat?

Yes, this is possible, but you must have been living with her for at least 12 months before she died, and it also depends on several other factors. These are:

If your mum’s tenancy started before April 1st, 2012 then you can only inherit it if the tenancy agreement your mother signed when she first moved in allows her to pass it down. Most don’t.

If your mum’s tenancy started AFTER April 1st, 2012 then you can inherit the flat if you have lived there for 12 months, were living there when she died and there was no one else living there who had a right to inherit the property (such as her partner).

Can you inherit a property before someone dies?

No, these days properties can no longer be handed-down to anyone they choose - there are strict rules about who can inherit a property, when and under what conditions. See above for more details.

Are the rules different outside England?

The council and housing association tenancy inheritance rules are very similar in Scotland and Wales when compared to England’s. There are a few subtle differences mainly around terminology – for example in Scotland Introductory tenancies are called ‘short secure tenancies’ and in Scotland there are also fewer restrictions on how many people a secure tenancy holder can add as joint tenants.

Can I sub-let my council home?

No. In England, Scotland and Wales a tenant living in a council, housing association or cooperative property cannot move out and sub-let a property to a friend or member of their family. If this does happen, they risk lose losing their secure tenancy.

CreditLadder can help you improve your credit score

If you want to improve your credit position by reporting your rent payments, CreditLadder is the only way to improve your credit score and position across all four of the main Credit Reference Agencies in the UK, namely Experian, Equifax, TransUnion and Crediva. Building up a high credit score has a lot of benefits, including helping you access finance at better rates - this can also help save you money.

CreditLadder also runs a free mortgage application service in partnership with Tembo which will tell you how much you could borrow.

Remember the information provided in this article is for information purposes only and should not be considered as advice.