A question on succession…

tazwhoever

According to council tenancy rules a succession only happens once. At the moment the tenancy is signed by my partner and me, if either one dies then tenancy would go to the surviving partner (solely) – this would account as one succession.

After that, my two children would become homeless! At the moment they are very young 5 and 1, and I worry when they are older, they would be without a home!!!

Is there any chance for me to make sure they can stay after me and my partner dies? (legal, experience of others, etc)

Many thanks in advance,

ILW

Sre you or your partner expecting to die in the near future?

Fang_3

Is there a particular reason you think that your children should not leave home and pay for themselves? Or that you should have the benefit of ownership without paying for it?

princeofpounds

Answer - they get a job, and rent, and probably ultimately buy.

If they are poor enough, have some misfortune such as a disability or pump out enough children then they too might be considered 'in need' enough to qualify for social housing all over again.

Wee_Willy_Harris

Fang wrote: »

Is there a particular reason you think that your children should not leave home and pay for themselves? Or that you should have the benefit of ownership without paying for it?

Most long term social tenants will pay more in rent than a mortgagee for a similar property.

Wee_Willy_Harris

tazwhoever wrote: »

According to council tenancy rules a succession only happens once. At the moment the tenancy is signed by my partner and me, if either one dies then tenancy would go to the surviving partner (solely) – this would account as one succession.

After that, my two children would become homeless! At the moment they are very young 5 and 1, and I worry when they are older, they would be without a home!!!

Is there any chance for me to make sure they can stay after me and my partner dies? (legal, experience of others, etc)

Many thanks in advance,

The individual housing providers rules on succession do have a certain degree of discretion attached to them, so a housing provider may well allocate a property to one or more of your children if they are still resident at your tenancy when both parents die. Unfortunately for you, this is discretionary and offers you no protection in law and your children no right to succeed.

tazwhoever

Wee_Willy_Harris wrote: »

Most long term social tenants will pay more in rent than a mortgagee for a similar property.

Thank you, you are right. I do not claim any HB and CTB and pay my full rent and council tax out of my small salary approx £17.5K! I'll look after my children, and not one of those families with 8 children and claiming every benefit...

Thank you again

tazwhoever

Wee_Willy_Harris wrote: »

The individual housing providers rules on succession do have a certain degree of discretion attached to them, so a housing provider may well allocate a property to one or more of your children if they are still resident at your tenancy when both parents die. Unfortunately for you, this is discretionary and offers you no protection in law and your children no right to succeed.

Thank you for your advice, (sorry, I don't know how I can make a point with two quotes attached...please help if you can.

FOURCANDLES_2

tazwhoever wrote: »

Thank you, you are right. I do not claim any HB and CTB and pay my full rent and council tax out of my small salary approx £17.5K! I'll look after my children, and not one of those families with 8 children and claiming every benefit...

Thank you again

Well as we are all on about HA tenants who work hard and can afford to leave the HA house and buy or rent private and they are not in receipt of any benefits All I can say if you want to earn more than 17k work harder and a word off my acountant if you do not claim through the tax system what you are entitled to ctb then more fool you as you can bet your bottom dollar many are why do you think cameron has just stopped people on over 40k claiming ctb? because most were claiming it mug here comes to mind.

donny909

I'd have thought if both were listed on the tenancy and 1 dies then that probably wont be classed as a succession as such because they would already have been on the tenancy to start with?.

But as said the councils can be felxable on such matters. But whats to say the housing act (laws) wont change by such a time your enquiry becoms a point of concern?. It's worth noting that there was something about a tenancy only really being valid for 10 years now or something like that?.

I think there is also something in the housing act about leaving the tenancy to a successor as part of a will. Weather or not this might make matters better I dont know.

Wee_Willy_Harris

donny909 wrote: »

I'd have thought if both were listed on the tenancy and 1 dies then that probably wont be classed as a succession as such because they would already have been on the tenancy to start with?.

But as said the councils can be felxable on such matters. But whats to say the housing act (laws) wont change by such a time your enquiry becoms a point of concern?. It's worth noting that there was something about a tenancy only really being valid for 10 years now or something like that?.

I think there is also something in the housing act about leaving the tenancy to a successor as part of a will. Weather or not this might make matters better I dont know.

Any future changes to housing law are VERY unlikely to effect current tenants, so their current rights will be preserved. A succession will pass those protected rights to the person who succeeds, which is the whole point of succession.

A remaining partner who succeeds a joing tenancy with a sole tenancy would count as a succession.