Council Tenancy succession rights?

PeaceAngel

Firstly if this is in the wrong place or incorrect then please feel free to move it or delete it.

I have lived with my parents all my life (I am 46), in September 2003 my father passed away and the tenancy passed to my mother (they were joint tenants). I became responsible for making sure my Mothers bills were paid, the shopping done etc, at the start of 2008 I became my mothers full time carer until she sadly passed away in July of last year.

My council say I cannot remain in the house that has been my home for 18 years. Any advice as to what I can do to remain in my home I would welcome

barnaby-bear

PeaceAngel wrote: »

Firstly if this is in the wrong place or incorrect then please feel free to move it or delete it.

I have lived with my parents all my life (I am 46), in September 2003 my father passed away and the tenancy passed to my mother (they were joint tenants). I became responsible for making sure my Mothers bills were paid, the shopping done etc, at the start of 2008 I became my mothers full time carer until she sadly passed away in July of last year.

My council say I cannot remain in the house that has been my home for 18 years. Any advice as to what I can do to remain in my home I would welcome

I think there's a limit of one succession - to prevent families holding on to houses regardless of their housing need and to release homes for those prioritised.

I imagine you will have some ranking of priority on the housing list, i.e. they have some duty not to make you homeless but whether that makes have a suitable priority for the type of property you are in might be the clincher. I.e. if you are in a 3-bed house and are single the council will probably offer you a 1-bed flat and use the house for a family with 2/3 kids - if you have a wife and three kids living with you already their obligation to house you might mean they would transfer the tenancy.

CAB/Shelter might be able to offer advice.

PeaceAngel

barnaby-bear wrote: »

I think there's a limit of one succession - to prevent families holding on to houses regardless of their housing need and to release homes for those prioritised.

I imagine you will have some ranking of priority on the housing list, i.e. they have some duty not to make you homeless but whether that makes have a suitable priority for the type of property you are in might be the clincher. I.e. if you are in a 3-bed house and are single the council will probably offer you a 1-bed flat and use the house for a family with 2/3 kids - if you have a wife and three kids living with you already their obligation to house you might mean they would transfer the tenancy.

CAB/Shelter might be able to offer advice.

Thank you for your help

squinty

I'm afraid the council are correct. The law on this is clear (s87&88 of 1985 Housing Act) - thate there can only be one sucession for a secure tenancy, and that you mother 'used' this when the tenancy transferred from joint to single.

In your post you do not mention either the size of the property nor your own circumstances and family size. You could ask to be allocated the property (very unlikley if you are a single person and this is a family house) - but if you have your own family with children, or other vulnerabilty the council may treat you as as homeless.

I know this sounds tough, but the council do have a legal responsibility to make best use of thier housing stock, and letting a family house to a single person if not doing this.

I think you should also seek specialist advice, try shelter or your local housing aid centre.

Good luck

fairyann1

I have lived with my parents all my life, and i am 47..Sadly my Dad passed in 2006. I am my moms full time career aswell..also i have a Disability.. I will also have this problem with the council if any thing happens to my mom, i know all about the Housing Act and have read all up about it, and been down to the council regarding having name put on the rent book, but they dont do this no more..This is the only family home i have ever known aswell..But you know what really gets my goat, people i know, and up to this present date, single people living in a three bedroom house ie; kids grown up and left, single men in two bedroom house ( No kids) why are these people left in their accomodation still then,? i have lived at this present address for 28yrs, the house before i was born there...i have never left home..I have no children as my dependants, so i suppose i have no hope either of staying here, unless you class my dog as being a dependant.....i guess there is always claiming sqatters rights...This system is all wrong to evict people out there homes, homes they have ever known for years. Some of these rules and regs need changing. During this time my mom and dad and my self, we have decorated, made the garden habitable, paid for drop kerb to be put in, adapted things in house for a disabled person and many more things just to make our lives more livable...and what for so i can be chucked out...