Resident guidance: All tenants - Last updated 26 March 2026
Understanding succession
At Anchor, we understand that when a loved one passes away, it’s a difficult and uncertain time. A tenancy does not automatically end when someone passes away and you may wonder what will happen and whether you or another family member will be able to stay in your home.
In this guidance you’ll find:
- What is succession?
- Who can succeed a tenancy?
- What is right to remain?
- How the succession process works
- How to get more information and support
What is succession?
Succession is the legal process where the right to take over a tenancy is passed to someone else.
What happens to a tenancy when you pass away depends on the tenancy type and who lives with you.
If you have a Joint Tenancy
The remaining tenant will take over the whole tenancy by law. This is called statutory succession.
If you have a Sole Tenancy
Certain people may have the legal right to succeed (take over) your tenancy.
Who can succeed a tenancy?
Generally, the right to succeed a tenancy is set out in your tenancy agreement, but legal and policy principles also apply.
Statutory succession is an automatic legal right, meaning if you’re entitled to succeed a tenancy under the law, it will transfer to you when the tenant passes away - Anchor has no power to prevent this change.
The main eligible people include:
- Spouse or Civil Partner: If they were living in the property as their main residence at the time of the tenant’s death, they almost always have the first right to take over the tenancy.
- Partner (living ‘as if married’): In some cases, a partner who was not formally married or in a civil partnership, but was living with the tenant as their main home, may also be eligible.
- Other family members: In certain limited cases, other close relatives (such as children or carers) may be considered, if they have been living in the home as their main residence for at least 12 months before the tenant died.
Because Anchor homes are designed for people aged 55 and over, successors must meet this age requirement and the property must be suitable (for example, not under-occupied). If these criteria are not met, we will discuss alternative options, such as granting a new tenancy in a suitable home or helping them find other accommodation.
If you’d like to better understand these criteria please speak to your location manager for further information.
What is the right to remain?
The right to remain is not a legal right but a discretionary decision made by Anchor in certain circumstances. If a resident doesn’t qualify for succession but has been living in the property - such as a long-term companion, carer, or family member with particular needs - Anchor may consider allowing them to stay, usually by granting a new tenancy or providing assistance to find alternative accommodation. This approach helps us to show compassion and flexibility, ensuring vulnerable residents aren’t left without support after the loss of a loved one.
We may grant a new tenancy if the applicant meets specific criteria, including:
- The applicant must have been living in the property as their main home at the time of the tenant’s passing and meet the eligibility criteria in our Lettings and Allocations Policy.
- There is a 12-month minimum residency requirement for family members who are not a spouse, civil partner, or recognised long-term partner.
- Only one succession is permitted by law per tenancy, so if the tenancy has already changed hands once through succession, further applications cannot be accepted.
- The property must be suitable for the applicant (for instance, not under-occupied), or we may offer suitable alternative accommodation.
Only one succession is usually allowed per tenancy. If a succession has already taken place, further requests are normally not possible - but please contact us to discuss your situation.
How the succession process works
- Notifying Anchor - When a tenant passes away, the next of kin or representative should contact Anchor as soon as possible to let us know.
- Reviewing the application - We’ll ask for some details and supporting documents to confirm your relationship to the tenant and your residency in the home.
- Decision and support - Our team will review your application in line with the tenancy agreement and policy. We aim to make decisions promptly and with compassion. If you’re eligible, we’ll transfer the tenancy; if not, we’ll work with you to explore other options, including alternative housing.
- Right to remain - Even if you’re not entitled to succeed the tenancy, in some circumstances (such as frailty, disability, or particular need), we will consider offering short-term support or possible rehousing.
Anchor is committed to treating every application with dignity, care, and individual attention. Our aim is to provide a smooth, clear process and to ensure you feel supported and heard during what can be a difficult time. We’ll always explain the outcome, the options available, and what happens next.
More information and support
If you have lost a loved one and want to understand your rights or begin the succession process, please speak to your location manager or contact our Customer Experience Hub on 0800 731 2020. We’re here to offer advice, arrange meetings, and ensure you have the support you need.