Housing associations tenancy

[Suzi7979]

Hi, me and my partner have a joint housing association tenancy. We are going through as split but I was wondering if I get a sole tenancy does it mean that any other family member can't inherit the tenancy after me?

Did your tenancy start before or after the 1st April 2012?

After 2012

After April 2012

Ok the association I work for (midlands) state that if there is no joint tenancy then there is no right of succession for any other family members.... however if you have a child that's been living there for at least 12 months (over 18 of course) then a discretionary allocation may allow them to take over if they apply to do so

Before 2012 a close relative as long as they had lived there for 12 months could succeed the tenancy easier

Thank you.

Most newer tenancies will make the right to succeed discretionary if its not to a spouse, and you may find that if the property is not the right size for the remaining residents, it will be refused.

In any case, your children will hopefully have moved on and got their own accommodation by the time you die, so you shouldn't worry about it so far ahead. Hopefully you will be around for a long time but you shouldn't think in terms of trying to pass a tenancy on, changes have been made to make that more difficult.
Whatever you do, don't leave it as a joint tenancy if one of you moves out. That will cause all kinds of legal problems and liabilities.