Q

firsttimetom

How would the villagers feel if the local council tried to build some new council houses, say 10 houses so they could house some more people in the village?

This is the type of scenario that would happen in my village. People would be quick to take a shot at the council for throwing the guy out, but even quicker to shoot them down if they suggested building more houses. Either way they can't win.

Of course our local villagers are in the paper one week 'celebrating' because they forced the council to turn down an application from a person trying to build 1 (yes, one) house for himself in the village and the next week they are up in arms in the paper because the nasty council are cutting the bus route, or the local shop is closing or the pub is threatened with closure - talk about not being able to see the wood for the trees!!

squinty

ic wrote: »

i don't think times have changed, its just the circumstances are slightly different - according to the rules the tenancy can transfer once after a death, after a second death, it is up to the council:

So the tenancy was probably between the parents, one died and it passed to the other. Now the remaining parent has died it doesn't pass again to the son.

I'm pretty sure the government wants to change the rules for new tenants that means that a council can rehouse people sooner - as demand requires. There is a housing shortage and councils need to be able to house new tenants. Sadly this is how it is. The council shouldn't just kick him out, they should rehouse him first.

The issue here is that there can, in law, only be one succession. When a tenancy is either a joint tenancy or a married couple, once the tenant dies - the other joint tenant (or married partner) succeeds the tenancy automatically. This is sometimes termed survivorship. There can be no further succession.

The Council do not have the discretion to allow another succession, but they may offer the son a new tenancy of the property. However, this must be in line with thier published allocations policy. It is very unlikley that the council will allow a single person to be allocated a family accommodation. This would be unfair to others who are looking for accommodation.

The Council does have an obligation to offer help and advice the son to help him to find alternative accommodation.

And yes, the government are looking at changing rules on succession. This may be to limit succession to spouse or partner only.