Inheriting a tenancy

da_rule

I'm confused, surely its your grandfather who has the right to buy, not you? So unless he can afford to buy it out right it is very unlikely that he would get a mortgage.

In terms of what to expect they will have to give you notice. It is worth speaking to them as they will probably have their own procedures, but there are statutory minimums.

thequant

I'm no expert in this area of law, but I'm confused legally as to how the Grandfather as joint tenant inherited the tenancy, i.e. you cant inherit something already legally have ?

da_rule

thequant wrote: »

I'm no expert in this area of law, but I'm confused legally as to how the Grandfather as joint tenant inherited the tenancy, i.e. you cant inherit something already legally have ?

Because you're inheriting a sole tenancy from being a joint tenant. It's like inheriting a whole house when you only owned half of it before.

charlieismydarling

It is so depressing how often this comes up.

This is why I disagree with inherited tenancies. I live in social housing, it gave me. Chance when I was very down on my luck. It would be wrong to expect one of my children to inherit the right to live here after I am gone.

Why the hell should they? It should go to the next person who needs it. Not some greedy relative looking to make a fast buck.

itsanne

charlieismydarling wrote: »

It is so depressing how often this comes up.

This is why I disagree with inherited tenancies. I live in social housing, it gave me. Chance when I was very down on my luck. It would be wrong to expect one of my children to inherit the right to live here after I am gone.

Why the hell should they? It should go to the next person who needs it. Not some greedy relative looking to make a fast buck.

I think the last comment is unfair to the OP, who clearly would like to remain living in the house, not make a fast buck.

Other than that, I have sympathy with your view.

45002

lizzydarcy wrote:

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.

What is the form ?

Hypothetically speaking, If you Grandfather dies before this is resolved and I very much hope this doesn't happen

You need to "ASAP" get the correct legal advice by consulting a local law center or going to a local shelter drop in center for legal advice http://england.shelter.org.uk/get_ad...ices_directory

Do not rely on the HA giving you the correct legal advice .

Anyway I don't think the HA have a clue what they are talking about, especially as the tenancy started in the 1950's and IMO may be governed by 1977 Rent act or a early act of parliament !

45002

thequant wrote: »

I'm no expert in this area of law, but I'm confused legally as to how the Grandfather as joint tenant inherited the tenancy, i.e. you cant inherit something already legally have ?

A Joint regulated tenancy under 1977 Rent act, when Grandmother passed away the tenancy would just carry on as a regulated tenancy with Grandfather and if OP was living there before 15/01/1989 there are succession rights ..

As I said early this is very old tenancy and HA sound like they haven't a clue what they are talking about , OP needs independent legal advice.

lizzydarcy

45002 wrote: »

OP needs independent legal advice.

Firstly, thank you for your help. I spoke to Shelter this morning and to be frank, they were absolutely hopeless.

But I've contacted Citizen's Advice. They have been excellent. They understood from the get go that my biggest fear was that if I couldn't stay here that the HA would give me two weeks following my Grandfather's passing before they reclaimed the house which is a scary prospect. (Its something that used to happen under the council.)

They advised me to postpone the meeting with the HA. Instead, I am going to see Citizen's Advice in person so we can go through the tenancy and work out exactly what's what so that I can be prepared.

squinty

lizzydarcy wrote: »

my biggest fear was that if I couldn't stay here that the HA would give me two weeks following my Grandfather's passing before they reclaimed the house which is a scary prospect. (Its something that used to happen under the council.)

I've added the bold !

From this I assume that although the property is with a Housing Association it was previously owned by the Council and transfered as a LSVT (Large Scale Voluntary Transfer). In that case the tenancy is probably an assured tenancy.

As 45002 has advised, the most important thing is that you are taking independent advice. The local CAB will have experience of dealing with the HA and have a better undertanding of the tenancy.

If at all possible you should see if you can find any paperwork about Grandfathers succession. This may be important as in some cases some councils process these incorrectly and rather than assigning the tenancy they granted new ones. If this is the case granfather would have new sucession rights. This is unlikely but is worth checking.

45002

squinty wrote: »

I've added the bold !

From this I assume that although the property is with a Housing Association it was previously owned by the Council and transfered as a LSVT (Large Scale Voluntary Transfer). In that case the tenancy is probably an assured tenancy.

As 45002 has advised, the most important thing is that you are taking independent advice. The local CAB will have experience of dealing with the HA and have a better undertanding of the tenancy.

If at all possible you should see if you can find any paperwork about Grandfathers succession. This may be important as in some cases some councils process these incorrectly and rather than assigning the tenancy they granted new ones. If this is the case granfather would have new sucession rights. This is unlikely but is worth checking.

IMO, The fact this tenancy start in the 1950's, It's more like to be a regulated tenancy under 1977 Rent act or a early of parliament act, It certainly will Not be a AT .