HA Tenancy holder has died - effect on spouse?

Werdnal

My mother passed away in July. Her and dad had a HA property which they moved into about 9 years ago. Mum had been employed by the local authority for nearly 30 years and had a "tied" property connected to her job, so when she retired the HA had an obligation to re-house them. Just to complicate matters, my brother also lives in the property - more of that later.

I have been helping my dad sort all the financial stuff and paperwork since mum's passing, as he gets very muddled over official things and is not the best at filling in forms and making phone calls! We've done almost everything now, except change their HA tenancy agreement. When I asked him about this I was surprised that its in mum's name only - this was because the entitlement to the property came about because of mum's job, so they would only put the one name on when they were given the property. I am reluctant to get involved in helping dad with sorting this, as I know only too well that once the tenancy transfers to dad (which I hope it will as spouses normally succeed the tenancy), the HA will not put my brother on it and if/when anything happens to dad, he will no longer be able to stay in the house. I don't get on well with him anyway, and don't want to be accused of making him homeless when the time comes, so have suggested to dad that he and my brother should make the appointment to visit the HA together, change the details on the TA and then hopefully, my brother will get the info from the horses-mouth as to the implications on him when dad passes away or has to go into care.

I keep asking dad "Have you sorted the tenancy out yet" and he keeps saying they haven't got 'round to it, brother has been to busy, they forgot to ring them, etc. I suspect dad is reluctant to address this situation as he too knows it will lead to brother's eviction in the long term.

Anyway, following my long and rambling post (sorry but felt the back story was relevant here), what are the implications of my dad living at the property, when the tenancy only bears my deceased mother's name? I'm seeing him tomorrow and want to get my facts straight to lean on him a bit to get it sorted!

boo2410

Sorry to hear about your loss Werdnal.

I work for an HA and think your Dad has the right to succeed to the tenancy (there is normally one right of succession per tenancy that is given to a partner/spouse). It is unlikely that they will put the tenancy in joint names of your Dad and brother (if they did that then they would never get any properties back to rent to other people) although not impossible - we do have a few tenancies that are parent and child but there is normally a very good reason for doing this.

However, if something happened to your Dad the HA may look at housing your brother in property suitable for a single person, particularly as it frees up family sized accomodation (this is what we tend to do anyway). It might be an idea when your Dad gets this confirmed to get the paperwork for your brother to go on the housing list in his own right. He won't obviously have a high priority as he is adequately housed at the moment but that will not stop him bidding on properties that become available (if he wants to).

Hope this Helps

Boo

Werdnal

Thanks for reply. I know they won't add my brother to the tenancy which is why I don't feel it is my place to go with dad and get it changed. I can see dad passing away, and brother accusing me of getting him kicked out, when I already know the HA policy means he will not have the right to stay there.

What I am more concerned about is dad stalling on getting the tenancy changed, and what will happen if the HA suddenly learn she died a couple months ago and come knocking! I know they won't just chuck him out on the street, but he needs to sort this out so he has a legal tenancy and a right to remain there as long as he needs the place. He doesn't seem to realise that at the moment, the tenancy is technically not valid because his name is not on it!

xylophone

You have advised your father correctly.
Either he takes your advice or he doesn't - if he doesn't, he has to deal with any problems that arise.
If you are unhappy about the position, then your only recourse is to advise the HA yourself that your mother has died and let the HA take it from there?