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Insert Alternative Choice in the Succession Agreement

Insert Alternative Choice in the Succession Agreement and eSign it in minutes

Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

What is succession of tenancy in Scotland?

Succession is the transfer of the tenants right in a property to another person when the tenant dies. The section looks at the rules for each type of tenancy as well as the common law position and the Succession (Scotland) Act 1964.

Can I take over my parents council house?

Family members under 18 can succeed to a tenancy, but in these cases a trustee would need to be agreed who would hold the tenancy in trust for the child. Can more than one person succeed? Only one person can succeed to a tenancy; if there is a joint tenancy the remaining joint tenant can succeed.

What happens if main tenant dies?

A tenancy does not automatically end when a tenant dies and no one has inherited it. The landlord or the person looking after the affairs of the tenant who died can end the tenancy.

Can a family member take over a housing association tenancy?

The right to inherit a tenancy when the tenant dies is called succession. A housing association tenancy can only be inherited once, unless the tenancy agreement says there can be more than one succession. Check with the landlord.

What is the right to buy in Northern Ireland?

Under the House Sales Scheme, eligible tenants of social housing landlords have the right to buy their homes at a discount. Theyre tenants of the Housing Executive or registered housing associations. This scheme will close for tenants of registered housing associations in Northern Ireland on 28 August 2022.

Can I take over my grandads council house?

You have succession rights if the tenancy agreement says a close relative can succeed, and you meet the conditions in the agreement. You have succession rights if you live with your relative for at least a year immediately before their death.

How many times can a council house be passed down?

There can usually only be one succession to a tenancy. If a succession has already happened, for example when one partner dies and the other one takes over the tenancy, it cant usually happen again. This means when the second partner dies, no one else will be able to take over the tenancy.

Can I buy my council house Scotland?

Right to Buy allows most council tenants to buy their council home at a discount. Use the eligibility checker on the Own Your Home website to find out if you can apply. There are different rules for Wales, Scotland and Northern Ireland.

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