Let us know as soon as you can
Please tell us about the death of a Southway tenant as soon as possible. You can find ways to get in touch via our contact us page.
You’ll be asked to confirm that you’re either:
- The next of kin (closest living relative)
- Or the executor of the estate (named in the will to handle affairs)
If you’re not either of these, please give us the contact details of someone who is.
We’ll also need an official copy of the death certificate.
Can I stay in the home?
You may have the right to take over the tenancy. This is called succession. There are different rules depending on your situation.
If you’re a joint tenant
You will automatically become the sole tenant once you provide us with a copy of the death certificate.
If the tenant lived alone
A spouse, civil partner or family member may be able to take over the tenancy, but only if they lived in the home at the time of death.
Succession rights can be complex. We’ll talk you through the process when you contact us.
What if the home is no longer suitable?
If you inherit a home that isn’t right for your needs, we may be able to offer:
- A move to a more suitable Southway property
- A home swap (mutual exchange)
Learn more about exchanging your home.
Types of succession
There are three types of tenancy succession. Applications must be made within three months of the tenant's death.
1. Statutory succession
Applies to joint tenants when the other tenant dies.
2. Contractual and special succession
Applies to tenants who moved in before 2016. The potential successor must:
- Be a family member
- Have lived at the home for at least 6 months
This may include:
- Contractual succession: If rights are passed through a will or intestacy. Intestacy is the legal process that decides who inherits someone’s estate when they die without a will.
- Special succession right: Granted at Southway Trust’s discretion if other criteria aren’t met.
3. Discretionary Tenancy
Applies to tenants who moved in after 2016. We may offer a tenancy to a family member or carer who lived in the property for at least 12 months before the tenant’s death.
To apply for tenancy succession, download the succession form and email it to [email protected]
How to end a tenancy after a death
When someone dies, the tenancy doesn’t end automatically. It must be ended by:
- The executor (named in a will), or
- An administrator (with a Grant of Probate)
We’ll explain the process when you contact us. Usually, you’ll need to give at least 4 weeks’ notice.
If there is no executor or administrator, we may be able to end the tenancy through the Public Trustee process. We can guide you through this.
Rent will continue to be charged until the tenancy officially ends. In some cases, exceptions may apply.
When you contact us, we will explain everything in more detail.
Who else to notify
We recommend using the Tell Us Once service to inform government departments in one go.
You may also need to contact:
- The local council if the person received Housing Benefit
- Department for Work and Pensions (DWP) if they were receiving Universal Credit or any other state benefit
Southway isn’t a government organisation, so you must still inform us directly.
Bereavement support
You don’t have to go through this alone. These free services can help:
- Cruse Bereavement Support: 0808 808 1677 or cruse.org.uk
- Dying Matters dyingmatters.org
- At a Loss ataloss.org
- Mind a mental health charity with bereavement resources
If you have questions or need more help, please don’t hesitate to contact us.
