What to do when a Council tenant dies - The tenant lived with someone

Who should I notify?
You should notify us about the tenant's death as soon as possible.  This needs to be done in writing, either in person at one of the District Housing Offices or by sending us a letter.  You can let us know by telephone, but we will need confirmation in writing.  We will need to see (and keep a photocopy of) the Death Certificate unless we have already written to you telling you that we know that someone has died as mentioned above.  We will also need details of the executor, the full postal address and telephone number of the person dealing with the deceased tenant's affairs

Who will be able to take over the tenancy?

If you think you qualify to succeed a Council Tenancy, you can ask us for permission. Before we grant permission, we need to carry out a range of checks to make sure we are satisfied the change should proceed. If you have any queries, you should contact our Tenancy & Estates Service on 01382 307301 or 7401 and press Option 5.
You can also get further information here:
https://www.dundeecity.gov.uk/sites/default/files/publications/successionsoct19.pdf

What about Housing Benefit?
You should contact Housing Benefits staff to let them know:

  • That the current tenant has died, and
  • That you have applied or about to apply to take over the tenancy

This could be particularly important if there is a later dispute about the date from which the new tenant qualifies for benefit.

What is the process for taking over the tenancy?
You should contact the District Housing Office if you want to take over the tenancy after a death.  You will be asked to fill in the relevant forms and provide proof of you living at that address.  If the succession is agreed you will be asked to sign a new tenancy agreement. If you want to claim housing benefit you will need to fill in a form for this too.  Once agreed, you will then be the tenant in your own right.

What if the house is sheltered or disabled adapted?
There are some special rules that apply to successions in these circumstances.  These can be complex.  Please ask a member of staff at one of the District Housing Offices for advice if this applies to you.

What if I want to move after taking over the tenancy?
Some people may want or need to move after the death of someone they have been living with.  If you take over the tenancy, housing staff can talk to you about the possibility of a transfer.  They will also give you advice on other options that may be available.

What happens if I’m not happy with the decision made on my application to take over the tenancy?
If you are unhappy about the decision we make when we consider your application to take over the tenancy, or about how we have dealt with you in general, you can appeal our decision using the Housing Department’s appeals process, or you can complain using the corporate complaints process.  You can make a complaint online at www.dundeecity.gov.uk or can ask staff at your District Housing Office for information and assistance.

What happens if the deceased tenant has put in a Right to Buy application?
If the tenant had applied to buy their home you will need to tell the Council House Sales Team about their death.  Their telephone number is 01382 434848.  They will tell you what will happen to the Right to Buy in these circumstances.

I still have more questions. What should I do?
Contact any of the numbers listed below. Staff there will be happy to give you more advice.

East District Housing Office 
169 Pitkerro Road 
Dundee DD4 8ES
Tel: 01382 307401

West District Housing Office
3 Sinclair Street, Lochee
Dundee DD2 3DA
Tel: 01382 307301

Lettings Centre  
Tel: 0300 123 9023 or 01382 307400

Rent Recovery Centre
Tel: 01382 307300

Housing Benefits/Council Tax
Tel: 01382 431205

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