Can Council kick me out?

ismmoh

Hi my dad passed away in 2004 and the tenancy passed on top my mum, now shes getting very ill. Is there anyway we can still stay in the same house with my sisters.

theres me (1) and my 3 sisters in a four bedroom house, i have mental health probvlems and one of my sister is disabled as she has learning difficulties.

tHE LAW SAYS THERE IS ONLY ONE SUCESSION, TO the tenancy.

is there way I CAN FIGHGT THIS i.e. Human rights etc..

tHEY SAID THAT THEY WOULD HAVE TO REHOUSE US SEPERATLY.

But we are a close family and we support each other especialy becuase of the disabilities it woul;d be extremly difficult for us to live seperate.

Is there any way we canb stay in the house as there are spare rooms?

Can i fight this in neway or will the council chuck us out still even though there are no spare rooms.


regards
Mike

fiesta04

My advice would be to go and see Citizens Advice.

F4

G_M

If there are spare rooms it seems unfair that the council would let you stay in a house bigger than you need.

There are many people on waiting lists. Moving to a smaller house would give a bigger family the chance to be re-housed.

Have you considered private housing?

missile

Did council say they would evict?

It makes no sense (to me) for them to evict you into to seperate houses and I don't see why they would as you + 3 sisters, would seem to require 4 bedrooms.

I note you have mental health issues and sister is disabled. Perhaps your doctor and occupation health nurse can assist you?

[Deleted User]

If you go to the CAB, they will probably refer you to a solicitor to advise on the situation. If you are in receipt of income support etc, you should be able to get legal aid. I'm afraid, in my experience, if there is any chance at all that housing can say no to housing you, they will. Quite often they have to be reminded of your legal rights. I don't know if you have any legal rights to social housing, but a solicitor will be able to help you with this.

Also you could try Shelter., they may be able to offer advice, referrals and support see http://england.shelter.org.uk/get_advice/homelessness

You could also contact MIND.., see if they will offer support or refer you to an organisation that will give support http://www.mind.org.uk/help/advice_lines

Owen167

A friend found themselves in a similar situation many years ago when the council tenancy had already passed from their father to their mother. When their mother passed away they went to their local councillor for help and were eventually allowed to take over the tenancy and remain in the house.
Things may have changed over the years as council housing has become scarcer.

propertyman

But your mother is still alive so why are you concerned about succession?

If you are simply worried that her prognosis is not bright, then firstly my thoughts are with you all and secondly do not try and resolve this now.

Councils are notorious for not reacting to a situation until it arises and the courts will look at the circumstances here so that while they dont have a lot of choice they will urge a negotiated solution and most likely adjourn any possession action until Social services are involved and report back to the court.

In short you have some time ( hopefully a lot) and you should reach out now so as to understand your rights as when and if the situation arises.

In that process you might see that with empty rooms there are incentives for handing back larger homes , and that there might be better accommodation available for all of you, which the council might then be keen to arrange.

But get one of the Charities to help you, don't do it yourself.


:money: I suggest you talk first to your GP or Hospital Team who can get access to specialised advice and help quicker that Shelter or others might do

ismmoh

we ghavent any spare rooms?

we have four rooms and 4 people two with disabilities and two with none.
5 including mum at the momment

it would be unreasonable to re-house in 4 seperate accomadations.

im vulnerable so is my sister as we have disabilities we woudn't be able to survive on our own without any help from faamily memebers. I.e. paying bills etc..

will council chuckk us out on the street as we are not on housing register apart from mum.

Plus they are saying we are over 18 and independant adults, it doesnt matter if we seperate, but like i said we are vulnerable due to disabilities.
?

have a got a good case for human rights if it was to go court?

What are my options:

1. MIND,

2. CAB,

3. GP - (Someone mention GP but what do i say to them exactly i thought that was only for ilnesses, not housing problem, non the less im still very depressed about this too and my blood pressure has gone up) They cant help me with tanacy rights or anything can they?

4. Community Pschiatric nurse (who i see often

5. or Solicitor?


THANKS AGAIN EVERYONE FOR YOUR SUPPORT.

regards

MO

Fire_Fox

First thing to do is all apply to go on the council housing list, you should get more 'points' given your health problems - have a mental health charity help you complete the forms. Are any of you receiving Carers Allowance or Disability Living Allowance? The council will not rehouse you nor allow you to stay if you are not even on the list, there are no rules or laws you can call on for that.

You will not be chucked on the street, you may be served notice to quit but will be given time to relocate. You can go into private rented accommodation such as a three or four bedroom house together and claim housing benefit if you are on too low an income to afford the full rent. You don't have to all move into shared houses with strangers or flats on your own.

For your mental health make sure you are getting at least 10,000 steps every day, preferably outdoors in the daylight, maybe as part of a walking for health group. Physical activity is proven beneficial in depression and stress.

ETA
"Joint tenancy agreements – what are they?
Under a joint tenancy both tenants share equal responsibility for things like paying the rent on time. If you live, or plan to live with another person, your council may give you permission to have a joint tenancy. Usually people who are joint tenants are:
married couples
couples with a registered civil partnership
couples in a relationship who live together (‘cohabit’)
family members

Sharing responsibility
You should think carefully before applying for a joint tenancy as both tenants will share responsibility for things like paying the rent on time. If the other tenant(s) moves out of the property, you’re responsible for paying all the rent from then on. You are also responsible for paying any outstanding rent (‘arrears’) they leave behind.

Apply for a joint tenancy
The basic steps are shown below. Contact your council for more detail.
Step 1: apply to your council
You have to get your council’s permission for a joint tenancy. Contact your council to get an application form.
Step 2: your application is reviewed by your council
Your council will review your application and let you know if it agrees to grant a joint tenancy.
Your council may want to go through the details of the joint tenancy face-to-face. This is so you understand what could happen if you want to end the tenancy later."
http://www.direct.gov.uk/en/HomeAndCommunity/Councilandhousingassociationhomes/Councilhousing/DG_188541

lighting_up_the_chalice

Should anything terminate your mothers tenancy, you would have no RIGHT (Human or otherwise) to succeed the tenancy, the one allowable succession having already taken place. You would then become "tolerated trespassers". To remove you from the property, the council would have to serve notice on you, at which point you become homeless (or threatened with homelessness) and, taking your household disabilities as stated, would be in priority need. As such, the Council would then have a "duty to house" you AND anyone in your household you would reasonably expect to reside with.

Depending on demand in your area, the Council may well decide that your current home would be the best option all round and MAY grant you a tenancy.

By all means speak to the advice agencies already mentioned, but no-one will know what the Council will do until they do it, so it's probably best not to worry too much just yet.

However, this is NOT a "Human Rights" issue. Many previous evictions have been challenged on the basis of human rights. I am not aware of one such challenge that has succeeded.

HB58

My friend was in a similar situation last year when her father died, her mother having died several years previously. Friend is claiming IB due to mental health problems and her sister also lived in the family home.

They had a lot of help from Shelter who liaised with the council. They stayed in the family home until somewhere else had been found for them and are now sharing a Housing Association flat together. It took about 9 months for somewhere else to be found and the council were getting pretty peed off, but Shelter kept things going and acted as intermediary.

The OP's situation is rather different as there are so many of them and at least 2 of them could be classed as vulnerable. It might be in the council's interest to keep them together in one house, especially if there is a shortage of smaller properties.