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mum in law

my lovely mum in law passed away on saturday aged 89 bless her, she was wonderful and will be very sadly missed, her unmarried son who lived with her was her main carer and the house is a three bedroomed council house, he dosent work at the moment as he was a full time to carer to his mum. l know the council will move him out as the house is in her name, am l right in thinking that the council is under no obligation to rehouse him in a smaller property and that he will have to find somewhere himself, also does anyone know how much notice they will give him
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Comments

  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    edited 14 April 2013 at 6:06PM
    It might depend on the nature of the tenancy - I don't know much about these things but I believe in some instances it used to be possible to inherit a tenancy. His best bet is to dig out the contract (if he knows where it is) and contact the housing dept.

    Completely off topic but how's your lovely grandson? Is he still doing well?
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  • merlin1
    merlin1 Posts: 715 Forumite
    Sorry for your loss :(

    I will echo what daska has said, many tenancies have a one time inheritance clause in them, so it is more than possible her son won't have to move. As he was also her full time carer, he should be able to claim some financial help until he is back on his feet.

    Best wishes to all :)
  • Hi,

    sorry for your loss.

    You might get more help on the house buying, renting and selling forum, though I would think council would want him out of a three bed house.
  • nmlc
    nmlc Posts: 4,788 Forumite
    Part of the Furniture 1,000 Posts
    Hi

    Sorry to hear such sad news, hugs to you and your family x

    It's likely that the council will want the unmarried son to move out within a few weeks - possibly they will give him 4 weeks notice when they are informed that she has passed away. You are right when you say they are not obliged to offer him alternative accommodation (assuming he's not on the tenancy agreement) - if he is of working age, it's likely he will need to apply for JSA instead of the carers allowance and he will have to apply to go on the housing list himself or arrange private rented accommodation, if he's receiving JSA or on a low wage (assuming he can find a job) he could still apply for housing benefits to help with the rent. If he is aged between 18 and 35 he will only be entitled to the "shared accommodation" rate which basically facitilates him renting a bedsit not a 1 bed flat/house etc. My best advice would be for him/you to get in touch with the council asap so he knows what their policy is in this type of situation. He could also ask if the council are able to offer him temporary emergency accommodation.

    HTH

    Kind regards
    nmlc x
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  • meritaten
    meritaten Posts: 24,158 Forumite
    Depends on when the tenancy agreement was signed - many longstanding tenancies did have a clause that the rental could be passed to a Dependant who lived at the address. He needs to look for the 'original' agreement.

    So nice to see you again reeree! How is that lovely grandson of yours doing?
    meri
  • reeree
    reeree Posts: 935 Forumite
    daska wrote: »
    It might depend on the nature of the tenancy - I don't know much about these things but I believe in some instances it used to be possible to inherit a tenancy. His best bet is to dig out the contract (if he knows where it is) and contact the housing dept.

    Completely off topic but how's your lovely grandson? Is he still doing well?

    Hi daska thank you for your advice l will pass that on to him, my grandson is doing so well at college, we went to his open night a few weeks ago and spoke to his tutor, she said that out of the class only two students really stood out,

    one was a girl and the other one was my grandson, l was so so proud, she showed us the drawings he has done while he's been there and they were so good, one was of a dragon and it was so intricate we were blown away,

    she said she had no worries about him passing all his exams. He has so much more confidence these days, l was so worried about him going to college but his tutor says he has made some good friends and also that he contributes during discussions, that would never ever have happened at school, I'm so glad now that we decided to home school him, looking back l wish we had done it sooner, its not nearly as daunting as you would think

    thank you so much for thinking of him, when l tell my grandson he will be so chuffed :)
  • pleasedelete
    pleasedelete Posts: 2,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If she was 89 I can't imagine him being between 18 and 35.

    Do check the tenancy can't be inherited- don't just take their word for it -if you can't find a copy then get them to provide a copy of the original (ie not a current tenancy ).
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  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    Oh that's brilliant, you should be very proud of what you and he have achieved. Go reeree and DGS!

    Please tell you brother in law (?) to get hold of the original agreement if at all possible. I remember reading an article where a Housing Dept mislead a tenant by quoting updated rules rather than those in the original contract and he ended up losing a secure tenancy as a result. He might do well to contact Shelter as well.
    Eat food. Not too much. Mostly plants - Michael Pollan
    48 down, 22 to go
    Low carb, low oxalate Primal + dairy
    From size 24 to 16 and now stuck...
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He definitely needs to get in touch with the area housing officer.

    If your MIL's tenancy was a secure tenancy then if the tenancy has not been passed on before (eg from MIL's husband to MIL) then the son can succeed to the tenancy if he has lived there for more than a year.

    However, many councils stipulate that if there are a certain number of bedrooms above what is needed then they would ask him to transfer elsewhere. Whether he would be able to move to another smaller council house/flat is dependant on the council.

    Whatever the outcome the local housing officer should be able to help and advise.
  • reeree
    reeree Posts: 935 Forumite
    meritaten wrote: »
    Depends on when the tenancy agreement was signed - many longstanding tenancies did have a clause that the rental could be passed to a Dependant who lived at the address. He needs to look for the 'original' agreement.

    So nice to see you again reeree! How is that lovely grandson of yours doing?
    meri
    hi Meri, thank you so much for asking, as l said to daska he is doing so well and best of all he is enjoying it so much and never complains about having to go to college, his tutor is really lovely unlike the teachers at his old school, he once had a migraine attack at college and they sent him home in a taxi free of charge which was so reasuring how well they look after the kids

    my heart swells with pride for my grandson, its his 18th birthday next month, can you believe where the time has gone since l started that thread, l will always be grateful to you and the others who all played a part in getting us to the point we are at today so heres a heartfelt thank you to you and everyone from both of us xx
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