Can I add a relative to my social housing tenancy agreement?

This question usually arises when a tenant realises that a close relative who lives with them, eg son or daughter, will not automatically be entitled to take over the tenancy on their death.

Secure council and housing association tenants

Secure tenants don’t have a statutory right to add people to their tenancy agreements.

They may have a right to assign the tenancy to someone who would inherit it on their death. There are a limited number of circumstances in which someone can claim a statutory right to inherit (succeed to) a council tenancy. There can be only one statutory succession – more detail is provided in Succession rights and social housing (England).

Some tenancy agreements give a contractual right of assignment to people not covered by the statutory provisions, so it’s always worth checking what the agreement says.

Assignment involves tenancy rights and responsibilities passing from the original tenant to the new tenant – it doesn’t involve the creation of a joint tenancy.

If the original tenant plans to remain in the property, they should seek professional legal advice on the implications of assignment.

Assured housing association tenants

These tenants have no statutory right to add people to their tenancy agreements.

Any right to assign the tenancy will depend on what the tenancy agreement says. Most housing association tenancy agreements require tenants to get the landlord’s permission to an assignment. Where this applies, the landlord should not unreasonably refuse consent.

Why are there restrictions on adding people to tenancy agreements?

Social housing stock is allocated based on assessed need. An unlimited right for sitting tenants to assign or add people to tenancy agreements, or for their relatives to succeed to these tenancies, could undermine landlords’ allocation policies and their ability to fulfil statutory duties to homeless households.

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.