Advice needed - urgent

sara1980

Can anyone please give me some advice.
A friend of mine is in a bit of a dilemma.

His dad has been unwell for a few months, although his sister is registered as the main carer, it is actually my friend that does the majority as he lives with him, and has done so for the last 12 years. His dad has lived in the house for 40 years, his wife was the main tenant, when she passed away in 2008, the tenancy was passed over to him.
My friend returned from work on Friday to be told that his sister has applied to put his dad in sheltered accommadation and he could move in as little as 2 weeks.
My friend has been advised that his sister will serve notice on the property, and he will have 2 - 4 weks to move out.
Can his sister do this without first consulting him, and what are his rights with reagrds to the property.

Any help or advice on this would be greatly recieved

TIA x

(Apologies if this is posted in the wrong place, but I wasn't sure where would be best)

jackomdj

Does your friends Dad want to leave? Does the daughter have poa? if not I am sure they (the dad) could turn down accomodation offered.

If the Dad does want to move then unfortunately your friend will be having to look for somewhere new.

Mojisola

Does his Dad want to move?

meritaten

so why is the sister registered as the main carer? if your friend is the main carer and his dad lives with him - why isn't HE the main carer? if your friend is about to become homeless I would say he needs to contact 'shelter' - and see if he can take on the tenancy. Shelter are not just for the homeless - they can advise on tenancy rights too.

sara1980

jackomdj wrote: »

Does your friends Dad want to leave? Does the daughter have poa? if not I am sure they (the dad) could turn down accomodation offered.

If the Dad does want to move then unfortunately your friend will be having to look for somewhere new.

Dad has been 'persuaded' and tbh it is in his best interests to move into sheltered accommodation. He's not 100% sure re poa, his sister has been in charge of the finances since before mum passed away, but don't know if its offical.

sara1980

meritaten wrote: »

so why is the sister registered as the main carer? if your friend is the main carer and his dad lives with him - why isn't HE the main carer? if your friend is about to become homeless I would say he needs to contact 'shelter' - and see if he can take on the tenancy. Shelter are not just for the homeless - they can advise on tenancy rights too.

As mentioned in above post, sister has taken over the main decisions for a long time now, she hasn't given anyone any choice or consultated anyone re big decisions. She has taken it up on herself to be the main carer,she claims not to be, but they think she is claiming carers allowance, despite not being there for 35 hours a week. He works full time, but is there first thing in the morn, all evening & night, and every weekend.
He is married but due to the situation they don't live together and his wife has her 2 sons (18 & 21)living with her, in a 2 bed house, they aren't in a position toleave at the moment, and even if he moves in with her, he won't have any tenancy rights, if anything was to happen to her, he would again be homeless.

Savvy_Sue

Sadly I doubt the tenancy could be passed on to him, as it's already been passed on once from Mum to Dad, but it's worth talking to his Housing Officer to discuss the options.

jackomdj

If the dad wants to leave and it is in his best interest then that should be the case. The poa question was more if the dad wanted to stay, but was not capable of making those decisions.

Is he still with (as in a couple) his wife? If so why can't he move in with her?

mummyroysof3

If a person works full time they can't get careers allowance as you can't get it if you earn more than £100 a week.

I think your friend needs to get advice from cab and shelter tbh

Mojisola

If she hasn't got POA, she has no more right to make decisions about her father's future than your friend.

Why does she want her father to go into sheltered housing? Does their father have a social worker? If so, your friend should get in contact with him/her and talk things through.

pmlindyloo

If your friend's father is happy to go into sheltered accommodation then, to be honest, there isn't a problem.

If your friend's sister was doing this without Dad's permission then obviously this would be a problem.

Your friend is working full time and therefore will be able to rent a private property. He will have no rights to the council tenancy as succession rights have already been used by the tenancy passing from the mother to the father.

However, in the circumstances your friend needs to get in touch with the local housing officer and ask to be given a little more time to sort out his accommodation. They are not heartless. On the other hand if your friend is a fit, healthy man in employment then there is no reason for him to be not looking for private accommodation and will have no 'rights' to council accommodation.