Succession rights

Couple living in council house, not married or civil partnership. Unfortunately one member of the couple has died, and as far as I’m aware, his/her name was on the tenancy.

What rights if any does the surviving partner have to the tenancy? Does this depend on the council or is there national legislation that would say otherwise?

Thanks for your input

There are a few further considerations to advise fully, but the simplest thing to do is to work through our webpage on the subject:

https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy

Section 11 of our factsheet Preventing evictions has information on succession rights, with section 11.3 covering LA tenants.

Just an aside which you may well be aware of…

While someone is arguing succession, they become liable for the rent/rent arrears so they’d be well advised to claim UC/HB if they’ve not already got a claim. This will cover use and occupation while things are resolved.