Tenancy agreement with the Council

Buttercup1972

I hope someone can help. My mum and I have been in our Council flat for over 35 years. The agreement was under my father's name, however he left many years ago. At the time my mum told the council but his name was never taken off the agreement.

We have now been told that we could be thrown out of our home as my mum's name is not on the agreement. This is obviously very worrying especially as she is a pensioner. The only advice we have been given is to see a solicitor and then to get the agreement changed by the courts. Is this correct? I am a little confused especially as we are in a Council property.

Fire_Fox

Unfortunately at present you are not legal tenants but illegal occupiers. Why didn't you follow up getting your father's name taken off the tenancy agreement and your mother's added? Did you write to the council at the time, if so have you asked them to check the history to see if it was filed but not actioned? Are you on the council housing list? Told by whom you could be thrown out? Advised by whom to see a solicitor?

It would be worth contacting Shelter for advice: might also be worth contacting your MP and ward councillors.

Buttercup1972

I think they were told but this was over 25 years ago. The council have told us to get a solicitor, which we can ill afford and we are both very worried I was only a child when my father left so I not sure of all the details.

securityman

How was the rent and council tax paid? Cash or DD from bank?
Who's name is the council tax in?
Who's name is on the electoral roll?
How about all the bills for the house?
If in your mum's name, how long? 25 years?

mrs_motivated

Ok big mistake, but what is done is done.

Technically your mum is a lodger in possession. The council can award the tenancy to your mum, they are more likely to do it if you meet the property eligibility criteria. If they refuse and seek possession, they should assist to rehouse you.

You need to contact CAB and Shelter for advise on how to approach this.

Buttercup1972

In reply the rent and council tax are all paid to the council in my mums name, her name is on the electoral roll, in fact everything is in her name which it has been for over 25years, except for the fact that my dads name is still on the tenancy from when he left. The problem is the tenancy officer says we have to go to a solicitor, Shelter says that a solicitor would not help.

Fire_Fox

Buttercup1972 wrote: »

I think they were told but this was over 25 years ago. The council have told us to get a solicitor, which we can ill afford and we are both very worried I was only a child when my father left so I not sure of all the details.

Can you please respond to all my questions?

Buttercup1972

My mum says she did let the council know in the first instance, (I was 10 at the time so I had no idea about tenancy agreements) but for some reason it was never changed. She hasn't asked them to check back but she will, however this was over 25 years ago. We are not on a council housing list as we didnt think we would need to be I have lived here since birth and my mum has lived here for 38 years. We were told by the tenancy officer to see a solicitor and she said we could be thrown out if it is not changed asap. Shelter said solicitors would not help at all.

Fire_Fox

Again did you write to the council at the time, if so have you asked them to check the history to see if it was filed but not actioned? Apply for social housing now, your mother should be higher priority given her age.

slopemaster

Fire_Fox wrote: »

you are not legal tenants but illegal occupiers.

IANAL but I very much doubt that this is true.
I would have thought that the council accepting rent from your mother all those years would create some sort of tenancy.

Can only agree with those who've said contact CAB and Shelter for advice. I think it would probably be wise to do nothing else (certainly not applying for social housing) until you have got expert advice

Fire_Fox

slopemaster wrote: »

IANAL but I very much doubt that this is true.
I would have thought that the council accepting rent from your mother all those years would create some sort of tenancy.

Can only agree with those who've said contact CAB and Shelter for advice. I think it would probably be wise to do nothing else (certainly not applying for social housing) until you have got expert advice

IMO at this point they are, tho clearly they may formally claim to be and end up recognised as something else as you say. Seems likely that is why the tenancy officer has recommended they seek legal advice.