Succession Rights Council Tenants - Quite Urgent.

squinty

Assuming ths is in England or Wales, and there has been no previous succession (there can only be one succession)

The rights of a secure tenant to succeed are laid out in law - the Councils own policies are not important

The relevant sections are :

Section 87

Persons qualified to succeed tenant.A person is qualified to succeed the tenant under a secure tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—
(a)he is the tenant’s spouse [or civil partner] , or
(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;
unless, in either case, the tenant was himself a successor, as defined in section 88.

And Section 113

A person is a member of another’s family within the meaning of this Part if—
(a)he is the spouse [or civil partner] of that person, or he and that person live together as husband and wife [or as if they were civil partners], or
(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece

So yes succession should be possible - if they can prove that they were living togather an huband and wife (or as civil partners) nad that they were living together at the time of the partners death.

cattie

Not sure if it helps but a friend of mine lived with their partner who had a HA tenancy & sadly died a couple of years ago. My friend wasn't on the tenancy but had lived in the property for many years with his partner.

The HA wouldn't let him take over the actual tenancy of the house as it had 3 bedrooms & too big for his needs, but they did take responsibility to rehouse him in a flat close by.

Yorkie1

bazra wrote: »

Err.... you don't actually become a tenant UNTIL you succeed the tenancy. Like i said already, unless you have lived at the address long enough to qualify.

Why is it people who have never succeeded a council tenancy seem to know it all? lol

Hope that helps you understand what you are actually talking about dear.

There is no need to be so rude.

The fact the individual may have lived there long enough to qualify is entirely irrelevant if they have no right to succession.

00ec25

bazra wrote: »

Interesting. When i succeeded my mother's tenancy last year i was told a council tax statement with my name on it would be satisfactory evidence i had lived in the property long enough to qualify.

OP, call the council - they will tell you.

in your case the CT bill provided evidence that you met the 12 month qualifying period, that is all it achieved.

It did not show you had a right of succession.

the fact you succeeded was due to:
a) yours was the first succession; and
b) you were related to the current tenant; and
c) you passed the 12 month test

before squatting became illegal (sic) it was perfectly possible to get a council tax bill in the name of the squatter as they were the person in residence. Did not prove they had any right to be there... look up hierarchy of liability

lighting_up_the_chalice

bazra wrote: »

Err.... you don't actually become a tenant UNTIL you succeed the tenancy. Like i said already, unless you have lived at the address long enough to qualify.

Why is it people who have never succeeded a council tenancy seem to know it all? lol

Hope that helps you understand what you are actually talking about dear.

I think Soot2006 was just saying that being one of two joint tenants at the time the other dies would be a stronger position to be in than on the last council tax bill. Especially if there was no prior succession.

Seems a pretty fair and accurate assessment to me.

System

We have been advised as soon as our dd is 18 to add her to the tenancy as there is no right to sucession .