Succession policy

8.1 A spouse or civil partner has the legal right to succeed to the tenancy whether they are under-occupying the property or not.

8.2 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.

8.3 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.

8.4 Where it is reasonable to do so, we will seek possession using Ground 15 A 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; the notice must be served within 12 months of succession, and suitable alternative accommodation will be offered before possession is sought.

8.5 In situations where a person who is not a former tenant is occupying a property with the express or implied agreement of the council, but where no rent has been agreed. In such cases, the council can recover damages for use and occupation. This provision may apply where the occupier was previously a licensee or a trespasser. In practice, the terms mesne profits and damages for use and occupation are often used interchangeably to describe compensation for unauthorized or informal occupation of a property.