Non-statutory succession

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• 1. Statement of intent
• 2. Detail
• 3. Key targets / standards

1. Statement of intent

1.1 The Council aims to respond to the needs of applicants who have been living with a tenant, who have no statutory right to succeed, but where it would be appropriate to make them an offer of permanent accommodation.

1.2 The needs of such applicants would be considered in relation to others in housing need who are registered for housing with the Council.

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2. Detail

2.1 Agreement to a non statutory succession will effectively create a new tenancy which will be managed as an exceptional letting.

2.2  A secure tenancy may be offered in the following circumstances, where there is no statutory right to succeed.

2.2.1 The applicant has resided with the deceased tenant continuously since birth or adoption.

2.2.2 The applicant has lived permanently with the deceased tenant for at least one year before their death (does not apply to sheltered or supported housing).

2.2.3 The applicant is likely to be `vulnerable' for the purposes of an application as homeless.

2.2.4 Where there are children under the age of 18 and they wish to live with a guardian who has no alternative accommodation.

2.2.5 Where the health of the applicant is such that it would be unreasonable to expect them to find their own accommodation.

2.3 The Council may offer the applicant the tenancy either of the property previously occupied by the deceased tenant, or another property suitable to their needs.

2.4 An application will be refused where:

2.4.1 The income of the household is adequate to purchase suitable alternative accommodation on the open market.

2.4.2 The applicant has savings or investments in excess of the threshold for Housing Benefit entitlement.

2.4.3 Other permanent accommodation is available to the applicant.

2.4.4 There has been a substantial breach of the tenancy conditions by the applicant.

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3. Key targets / standards

3.1 Respond to all requests within corporate guidelines.

3.2 Effect changes to the tenancy record within five working days of agreement to the request for an exceptional letting.

3.3 Periodically update procedures to reflect current standing orders, financial regulations, legal and good practice.

Date Approved: 18 September 1995 
                               23 March 2005

Date Amended: 19 March 2002
                                    March 2005
                                    February 2008