A succession of tenancy occurs when there is a change to the legal tenant/s of a property on the State Tenancy Agreement. Clients applying to succeed a tenancy must meet eligiblitity criteria and provide evidence as required to support their application.
When is a Succession of Tenancy needed?
A Succession of Tenancy is required when:
- a legal tenant has died
- an existing household member wishes to become a legal tenant
- when a legal tenant leaves the household (e.g. a marriage seperation)
Do I need to complete a succession of tenancy if I just change my name?
No. A succession of tenancy is not required if you change your name after marriage, revert to your maiden name or change your name be deed poll. You will just need to contact your nearest Housing Service Centre and provide evidence of the name change and proof of identification in you new name.
How do I apply for a Succession of Tenancy?
1. Complete the Succession of Tenancy Application Form in full. This form is available from the Department of Housing and Public Works website at www.hpw.qld.gov.au or from your nearest Housing Service Centre.
2. Attach evident to support your request:
- Death of a tenant - supply a copy of a death certificate, funeral account, funeral notice or letter from a doctor.
- A legal tenant has left the household - supply a completed Not of Intention to Leave (RTA Form 13) signed by the tenant who has left the household. A Notice of Intention to Leave can be obtained from any Australia Post Office or the Residential Tenancies Authority. If the tenant who has left cannot be contacted to complete the Notice of Intention to Leave, tell your nearest Housing Service Centre.
- A household member who wants to become a legal tenant - no additional evidence is required.
3. Attach evidence of all household income and assets.
4. Send the application and all necessary evidence to your nearest Housing Service Centre for assessment.
Please note: It is an offence under the Housing Act 2003 to knowingly provide to the department false or misleading information that may influence decisions about your eligibility for housing services.
Can someone help me with my application?
A family member, firend, advocate or community worker can help you to apply for a succession of tenancy. The department can also provide an interpreter if one is needed.
What will happen after my application is received?
The department will assess your application against the succession of tenancy eligibility criteria, inspect the property, and write to you about the outcome of the application. We may contact you for further information if required to assess your application.
If the application for a succession of tenancy is approved, we will contact you to arrange a sign-up appointment to sign the new State Tenancy Agreement.
You will also receive a new Rental Agreement number and we will advise you of your new rent. The original rental account will be closed and the new account will be opened in the name/s of the new tenant/s on the tenancy agreement. Any rental payments made into the old account will be transferred to the new account.
If your application for a succession of tenancy is not approved, you should talk to your nearest Housing Service Centre to discuss your situation.
Will my rent change?
In general, if a tenant is removed from the tenancy agreement, it will likely cause a decrease in income to the household and rent will be reduced.
If a tenant is added to the rental agreement, your rent may increase.