Council tenant query please

simpywimpy

My SIL lives with MIL (has done for majority of life) in a council flat which is in sole name of MIL. Some years ago we asked for SIL name to go on tenancy but council refused as tenancy had already changed once from joint names with FIL & MIL to MIL solely.

MIL is now 86 and going into residential care permanently and SIL (55) is technically in a flat which is not hers.

Are the council (bournemouth) likely to give her notice to quit and if so, are they required to find her something else? She does not work and is on benefits

poppysarah

She should speak to shelter for proper advice.

simpywimpy

oh lovely. I hadnt thought of them poppy

poppysarah

They will tell her what to say to who - and gives her a fighting chance of staying where she is. (If thats what she wants)

simpywimpy

thanks poppy. just phoned the local branch to her and they are sending me some info

Jowo_2

The Shelter website itself gives good info on how a homelessness application should be processed by the local council, should they serve notice on her to leave as she is not the tenant.

simpywimpy

It does look as if she has no rights to stay there. Luckily she has been on the southampton waiting list for 2yrs so is in a good position there (they were going to move together some time ago).

If makes it difficult as we live in Lancs and with this weather, not in a position to drive down to help her.

pineapple123

Had same situation with my mother and her grandson ( not my child) who had lived in the property all his life, mum went into care and cos tenancy had changed already over the years grandson was not able to take over tenancy.
He had notice to quit, however spoke to housing assocation and appealed to them stating situation, had to go before a commitee but outcome was grandson was offered 1 bed flat in same area.
given 2 weeks to vacate mums house and move into new flat.
Try to speak to someone in the council, get there name and continue to liase with them. I know Bournemouth has terrible housing shortage but you may be able to come to some arrangement if home has 2 bedrooms maybe abit of bargaining power to move into smaller flat etc helps.
Sorry to say this but If you are not a tenant you have no automatic rights to the property regardless of time spent there as you have to gain points to be housed.
But all is not lost, persevere and seeking advice from shelter is an excellent starting point..

**Upsy_Daisy**

Is SIL the daughter of MIL?

Assuming she is and can prove that she has lived there for over 12 months AND there has been no previous succession to the tenancy then she is entitled to succeed or MIL can assign it to her as a potential successor (check Housing Act 1985 can't remember which section off the top of my head)

If she does qualify as a successor and the property is too large for her housing need then the council may insist that she moves to a property which is more in accordance with her housing need i.e. smaller

Councils are under no obligation to grant a joint tenancy - we certainly don't unless it is in our interests to do so

What were the circumstances of the property being transferred from FIL to MIL?

UD

squinty

**Upsy_Daisy** wrote: »

Is SIL the daughter of MIL?

Assuming she is and can prove that she has lived there for over 12 months AND there has been no previous succession to the tenancy then she is entitled to succeed or MIL can assign it to her as a potential successor (check Housing Act 1985 can't remember which section off the top of my head)

If she does qualify as a successor and the property is too large for her housing need then the council may insist that she moves to a property which is more in accordance with her housing need i.e. smaller

Councils are under no obligation to grant a joint tenancy - we certainly don't unless it is in our interests to do so

What were the circumstances of the property being transferred from FIL to MIL?

UD

Its section 87 of the 1985 Act. This makes it clear there can only be one sucession to the tenancy.

If the original tenancy was a joint tenancy between the MiL and FIL and the the MIL suceeded to the tenancy after the death of the FIL I am afraid the one succession has been used and there can be no other.

The OP does however need to check what happened with the tenancy. Some councils may have granted a new tenancy at this time, in which case the SIL, providing she has lived with the MIL for a period of 12 months, and is the daughter, is entitled to suceed.

Just to clarify your point about property size. There was a court case last year (Bracknell Forest v Green) which made it clear that porperty size was not the only factor to consider when asking a sucessor to move to a smaller porperty (under ground 16) - and other factors such as the length of time at the property needed to be considered.