Right to suceed council tenancy

wild666

Son could become homeless but he has lived in a council property for most of the last 20 years and certainly the last 3 years, but his mother wouldn't put his name on the electoral register form that she filled in and now that she has died from the information I can find it says that I cannot succeed the possession of the property as I haven't lived there in the last 12 months but my son can but because of his mother never putting his name on the electoral register as living at that address I am stuck to find ways of stopping the council kicking him & 2 dogs out on the street. I am very tempted to just grab some clothes and move in with him as this property is 3 bedrooms but is adapted for a wheelchair user. The only thing I think he may have with the address & his name on it is his driving license apart from that, police records when he has been arrested. I believe the council would say this could be used as a sort of postal address for notifications, a bit like a P.O. Box
The estate manager is a waste of space only wanting possession of the property ASAP. The estate manager just wants to send my son to the a charity like the salvation army, saying they will find him somewhere even if it is away from friends & family and the dogs will have to go to the RSPCA or be put down.

squinty

How did mother get the tenancy? There can only be one succession per tenancy so if she suceeded (including a joint to a single tenancy on the death of the other joint tenant) there can be no other succession.

Assuming that there are succession rights son will need to prove he has lived there for at least 12 months prior to mother death. Did mother claim HB? then son should be part of claim. Has he made a benefit claim himself? Did she include him on the council tax form (or did she claim single discount?). The difficulty here is that is mother did not declare him as living there she has committed fraud - and will be very difficult for him to prove anything if mother has lied.

Even if this is overcome, it is very unlikley that son will be able to remain in the current property. Assuming he is single, the property is too large for his needs - the council can offer him a smaller property. If this is not possible by negotiation they could seek possession of the property both ground 16 (property is too large) and ground 13 (property is adapted) but the council would also need to show they had made an offer of alternative accommodation.

theartfullodger

See this for good advice on the matter...
http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights#1

wild666

I was in the process of having my name removed from the tenancy it is supposed to go to court on the 20th Dec. Just spoke to a solicitor and he is contacting the council and if needs be changing the hearing on the 20th to an action against the council. The terms of succeeding a tenancy do seem a little contradictory and unfair on the councils website IMHO
They basically say that a large portion of the deceased family may apply for succession rights but IMO many on that list may already have their own property.
The council have said to me previously a few years ago that it was a joint tenancy that was held and I couldn't take my name off the tenancy, but now say I haven't lived there for the last 12 months so cannot take over the property, even though they will expect me to pay the large rent arrears that occurred after I left to me it seems the council want it all their own way.
I would go as far as call the terms the council impose as unfair terms & conditions.

EDIT
As far as I know there hasn't been any succession either by death, or moving from a joint to a single tenancy, as the council wouldn't let me transfer the tenancy to the ex-wife even after a few weeks of me leaving and the divorce proceedings started

tbs624

Of course an Estate Manager would want to regain possession of such a property if possible - there are families waiting for 3 bedded homes and it's his job to make sure that best use is made of Council properties.

As your son is an adult why did he not go and register himself on the Electoral Roll? Was it because benefit/CT discount claims were being made by your ex wife, with which your son was perhaps colluding?

If so it seems that your comment that the Council "want it both ways" seems a tad ironic

If your son now has a solicitor who may be able to help then good luck but many would feel that a single young man of 20 + years should not be occupying a 3 bedded Council property regardless of whether he is able to claim a valid succession.

wild666

TO tbs624, the ex was very domineering and wouldn't allow anyone anywhere near anything concerning the property and that included me. If there was any attempt to fraudulently make any claims my son had no knowledge of it, all he wanted was a roof over his head. From what I have heard so far from the family the council are trying to say he used the address as a postal address, after speaking to my son he has said he has claimed JSA at that address for over 12 months but with a break when they stopped the benefit after 6 months because he was claiming contributions based JSA and he then relied on his mother for money, while unsuccessfully trying to find work, it was only because I informed him he was able to claim income based JSA that he may have proof of being a resident of the property for more than the last 12 months if with the break in the claim the council accept this, but I doubt it.

Although I agree the property would be better suited to a family who needed a property with the adaptations this place has.

In my opinion I see it more like an abused person who is afraid to do something even the right thing for fear of retaliation by the person causing the abuse if or when they found out.

squinty

wild666 wrote: »

I was in the process of having my name removed from the tenancy

Then if you are a joint tenant - the tenancy automatically changes to a single tenancy in your name on the death of the joint tenant.

This also means that you are responsilbe for all aspects of the tenancy, including arrears.

The council are quite correct, thy are not permitted to remove your name from the tenancy, except in very limited circumstances (1 of which is a court order as part of a divorce). These are not the council rules, but the law !

However, it appears that you have not lived at the property for some time. As long as the other joiint tenant occupied the property this was not really an issue. However, as a single tenant it is crucial - as you do not occupy the property as your principal home the council can take action to remove you from the property, and end the tenancy.

You best bet may be to speak to the council. Tell them the circumstances, and ask if they would consider your son for single persons accommodation and in return you will ensure the property is passed back to then quickly and in food condition.

Alternatively if your son is vulnerable he may be considered as homeless and offered priority for rehousing. Take a look at the Shelter website to ensure you understand this, and how both homlessness and vulnerabilty are defined.