Under Occupation and Succession
7.1 A spouse or civil partner has the legal right to succeed to the tenancy whether they are under-occupying the property or not.
7.2 Where statutory succession to family members or cohabitees will result in under-occupation, we will offer the potential successor alternative accommodation more suited to their needs.
7.3 To ensure that we are fair and consistent we will use the size criteria outlined in Welfare Reform Act 2012 to determine the 'appropriate size' of accommodation.
7.4 Where it is reasonable to do so, we will seek possession using Ground 16 of Schedule 2 of the Housing Act 1985 if a successor refuses to leave a property that is under-occupied. A reasonable and suitable offer of accommodation would have already been made.