some advice on housing association flat

dboswell

hello, Im asking a question on behalf of my niece (20 years old) and her mother (my sister).

About a year ago her mum was diagnosed with cancer. My niece has given up work to care for her as her mobility and independence has reduced in the last 12-months. She has now been given a few months to live.

They have been renting a 2-bed flat via a Housing Association with Housing Benefit to cover the rent. However, they are both worried that should her mother pass away, my niece will be evicted or made homeless.

Can someone help with advice or know the guidelines on these matters?

Lady_gaga

dboswell wrote: »

hello, Im asking a question on behalf of my niece (20 years old) and her mother (my sister).

About a year ago her mum was diagnosed with cancer. My niece has given up work to care for her as her mobility and independence has reduced in the last 12-months. She has now been given a few months to live.

They have been renting a 2-bed flat via a Housing Association with Housing Benefit to cover the rent. However, they are both worried that should her mother pass away, my niece will be evicted or made homeless.

Can someone help with advice or know the guidelines on these matters?

Can she not be added to the tenancy as a joint tenent? then when her Mum passes she would have a right to stay (I think as long as she can prove it's been her sole residence for at least the last 6 months) thats how it works where I am in Scotland.

BigAunty

This is a link to the Shelter England site about HA succession so do consult their other sites if this isn't your region.

http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights#2

Get them to check the tenant's handbook and HA website - they will invariably have info on the tenants rights in it and their policy on succession.

t0rt0ise

The rules for England are.. She would have the right to succeed the tenancy as long as she has lived there for at least a year and the tenancy has not been passed on before. It can only be passed on once.

suelees1

You say 'they' have been renting...so is she a joint tenant? If so she simply remains a tenant. If not then it's as t0rt0ise says.

paddedjohn

If when the time comes she is allowed to stay in the flat and has to claim benefits then she may only get the shared room rate meaning she may not be able to afford the rent.

BigAunty

paddedjohn wrote: »

If when the time comes she is allowed to stay in the flat and has to claim benefits then she may only get the shared room rate meaning she may not be able to afford the rent.

No, that's for LHA and tenants in privately rented properties. This thread relates to social housing.

There are plans to deduct a small sum from HB claimants in the future that have un-occupied rooms to discourage under occupation but I'm not sure if/when this will introduced, what stage the policy is at.

paddedjohn

so does that mean a single 20 year old can get all the rent paid in a council/housing assosiation house but not in a private flat?

neverdespairgirl

paddedjohn wrote: »

so does that mean a single 20 year old can get all the rent paid in a council/housing assosiation house but not in a private flat?

Yes.


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Marisco

I didn't know that!!! Well that's not very fair is it? I think this shared house malarky is all wrong! I know students do it and young profs etc, but I think about other scenarios. Say a couple got married/lived together when they were in their early 20's, no kids, in a 2 bed private house/flat. Been there years and made it their home. One of them dies before they were 35, does that mean the other has to leave their home if they claim HB? If so that is shocking!!!

But a social house tenant can rattle around in a 3 bed on their own, and full rent will be paid? They need to iron out that anomaly, either give all full HB or give no one, penalising someone if they are in private rental, especially as social housing is so scarce, is all wrong!!

Mojisola

Marisco wrote: »

I didn't know that!!! Well that's not very fair is it? I think this shared house malarky is all wrong! I know students do it and young profs etc, but I think about other scenarios. Say a couple got married/lived together when they were in their early 20's, no kids, in a 2 bed private house/flat. Been there years and made it their home. One of them dies before they were 35, does that mean the other has to leave their home if they claim HB? If so that is shocking!!!

But a social house tenant can rattle around in a 3 bed on their own, and full rent will be paid? They need to iron out that anomaly, either give all full HB or give no one, penalising someone if they are in private rental, especially as social housing is so scarce, is all wrong!!

I hope dboswell can find the answers with the answers already given and not mind us going off-topic a bit -

The other group of people who are going to be badly affected by the new rules are under-35 separated fathers who end up in a shared house. There are a lot of mothers who are going to refuse to let the children stay over with their fathers in shared accommodation.