Inheriting a tenancy

lizzydarcy

I have a meeting next week with the housing association regarding my Grandfather's home. He's been the tenant of this house since the early 1950s and despite having many chances, he never brought the house.

His health is going downhill fast and I am worried what will have happen to me afterwards. The housing association previously said a year ago that when he passes away that I would have to move out. I cannot inherit the tenancy because he was joint tenant with my Grandmother and so the succession has been done. The meeting is for me to put my case to appeal this.

Its a 2 bed (though the 2nd bedroom is tiny!) and I am a single person with no children. They have a waiting list of about 100 people for such houses in our area.

BUT

I've lived here for 6 years. Its the only area I know as I've never lived anywhere else and its really close to all my other family including my aunt who since 2012 has not been able to drive because of her health and I run her about. Its also close to my work. Financially its affordable for me too.

I was planning a Right to Buy through my Grandfather in a couple of years but he is going downhill so fast, I don't think he will still be here then.

Apart from all the logically sound reasons why I should stay, the house is like a member of the family. My mother was raised here, I spent much of my time as a child here and now I live here. I'll be heartbroken to leave it.

I suspect keeping this house on after my Grandfather passes on will be an uphill battle. As I say above, with the Housing Association, there are about 100 applications for houses like this one in this area. In the last year, only 10 houses like this one became available. So there is a huge demand and supply issue so if they decided to chuck me out, I wouldn't be surprised.

Does anyone know, based on the above, what my chances are? Or if I have any leg to stay on?

da_rule

Are you in England or Wales as the law is different?

squinty

Where are you?

What type of tenancy does grandfather have?

What, if anything, does the tenancy agreement say about succession?

TBagpuss

Have you asked about whether the tenancy could be changed to a joint tenancy in your and your grandfathers names, while he is still alive?

lizzydarcy

Thanks for the replies. Here's some answers:


Are you in England or Wales as the law is different?
Wales

What type of tenancy does grandfather have? What, if anything, does the tenancy agreement say about succession? Have you asked about whether the tenancy could be changed to a joint tenancy in your and your grandfathers names, while he is still alive?

Tenancy is with the local housing association. I don't have a copy of the tenancy to hand but when my Grandmother died, we sat down with them at the time and asked would I be able to inherit when my Grandfather died and the answer was No. We asked if we could become joint tenants, the answer was no. We asked if I could become the tenant, the answer was no.

The reason they stated was that my Grandfather was a joint tenant with my Grandmother. When she died, he succeed her so the succession was complete. The meeting is to appeal this.

As for as I can see it, I have either a few slim or zero chance of keeping the house. It would be mean the house was "under occupied" at a time when housing in the area is in demand.

Logically, I can see where they are coming from and can understand. Then there is another part of me that thinks that if I am a good tenant (and there is no evidence to the contrary), then why cannot I remain in my "family's" home.

The other avenue is trying to get a Right to Buy pushed through before my Grandfather passes away as he qualifies for the full discount which because I have been here for six years I can use. The problems there would be that I would have to find the deposit. Also, he would have to give his written permission which as he has developed mental issues is out of the question. My mother is trying to get power of attorney and I doubt it would go through quick enough.

Hopes this helps.

da_rule

Under s.87 Housing Act 1985 a member of the family of the tenant can inherit a secured tenancy (which your grandfathers most likely is) if they have lived in the property for at least 12 months before the tenants death. Unfortunately there is an exception to this where the tenant has themselves inherited the tenancy. Under s.88 Housing Act 1985, a person who was a joint tenant and is now a sole tenant (as your grandfather would be after the death of your grandmother). So to sum it up, unfortunately you cannot inherit the tenancy.

mrginge

lizzydarcy wrote: »

My mother is trying to get power of attorney and I doubt it would go through quick enough.

Power of attorney is not an opportunity for you to feather your own nest at the expense of a vulnerable relative.

45002

This tenancy started in the 1950's and most tenancy before 15/01/1989 are likely covered by 1977 Rent act or an early act.

It also depends on who owned the property when grandfather and grandmother 1st moved in was Council, HA or Private Landlord ?

Succession rights, If grandparents had a joint regulated tenancy when grandmother passed away the regulated tenancy would carry on from grandfather, there could be two succession rights AT to AT from grandfather.

But as the grandson only been living there 6 years, there can be one succession right if grandfather should passed away.

Sounds like HA don't have a clue anyway

Right to buy
In certain circumstances Regulated Tenants have the right to buy

The rights of first refusal -Part 1 landlords and tenants Act 1987 (as amended by the 1996 housing act) but not in this case

45002

lizzydarcy

Forgot to add

It may be worth your while consulting a local law centre or going to a local shelter drop in centre for legal advice http://england.shelter.org.uk/get_advice/advice_services_directory

Just encase HA are pulling a fast one !

lizzydarcy

Hypothetically speaking, what could I expect if my Grandfather dies before this is resolved?

Is there a standard time frame that the HA would give before I would be out on the street?

In answer to someone's question, the house originally belonged to the local council but was transferred in the HA in the late 1990s.

And in response to someone else's post, if the right to buy goes through it would be at my expense not my grandfather's. He wouldn't part with any money. The form requires his written permission to allow me, as a resident, to do the right to buy. Before he got ill, he would have happily signed it because he wanted "to make sure his granddaughter kept a roof over her head when he was gone." He had conversations with the HA about doing so but he has gone downhill so fast, its caught us all by surprised.

mrginge

Sorry, perhaps i should have been a bit clearer. Using a power of attorney for your own benefit rather than that of the person who you are 'supposed' to be protecting, is fraud.

Do you not think it would look slightly suspicious when your mother gains POA and then straight away starts signing off forms for you to buy the house. Now we know from your OP that your primary concern is gaining a cheap house from the state that you have no entitlement to, however perhaps you could see your way to not involving your mother in a criminal act to achieve your plan?