Inheriting a tenancy

System

45002 wrote: »

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 .

If it was a council property then it will not be a regulated tenancy.

https://www.gov.uk/government/uploads/system/uploads/.../138295.pdf‎

squinty

45002 wrote: »

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 .

Hopefully, the OP will let us know !!

However, my thinking was that regardless of the status of the orignal tenancy, the process of transferring to a Housing Association would have made all tenancies into AT's.

45002

squinty wrote: »

Hopefully, the OP will let us know !!

However, my thinking was that regardless of the status of the orignal tenancy, the process of transferring to a Housing Association would have made all tenancies into AT's.

NO, You cant down grade a tenancy transferring to a HA, especially for people moved in pre 15th January 1989.

There have been at least 2 Rent acts before the 1977 Rent act came into beaning, legal advice only beaning the way to confirm the rights of a tenant who 1st moved in the 1950's.

I suspect even CAB will struggle advising with this one, only a specialist solicitor in housing would be able to answer this one and would cost !!!!

squinty

45002 wrote: »

NO, You cant down grade a tenancy transferring to a HA, especially for people moved in pre 15th January 1989.

Thats right.

However, all LSVTs were only completed after a ballot that included consultation on the tenancy agreement. So although the landlord cannot downgrade a tenancy agreement - in effect by voting for the stock transfer the tenants themselves downgraded their own tenancy agreement.

This was, and remains, one of the major objections to the whole stock transfer process.

Fro example see - http://www.defendcouncilhousing.org.uk/dch/dch_infopage.cfm?KWord=transfer

and take a look at the links.

Anyway, getting a bit off topic now. Hopefully the OP will come back and prove one of us right !

I agree the OP needs to seek specialist advice.

lizzydarcy

So, here's what I have found out:

According to the standard practice for the HA, if my Grandfather died tomorrow, I would be given 2 weeks from his Date of Death to move out. (Yes, my nightmare comes true)

However, because of the length of his tenancy and my residency, the HA maybe inclined to allow me to inherit the tenancy but its not a foregone conclusion. (Translation when reading between the lines = fat chance)

The other fact under consideration is that we may have been advised incorrectly that when my Grandmother died that the tenancy could not switch to me. Apparently, there is some clause under some law (which is being looked into that) that may apply. Its very vague at this point but it states along the lines that if the person in the direct for the succession agrees, the tenancy can bypass them and transfer to a resident of the property who has been there for 12 months or more.

In our meeting with the HA following the death of my Grandmother, this was brought up by my Grandfather and myself and they said no. So the tenancy is being examined and that law reviewed to see if it would mean we have a case based on this point.

Granted its a rather slim chance but at least I know what I can expect and can have a plan in place.

jaylee3

Before you just posted Lizzy, I was going to say that I don't think you have much chance. Basically, as 2-bed could house a family of 4, no matter how 'small' the 2nd bedroom.

I know councils and H.A.s VERY well, and I guarantee that they will not let you have this tenancy.

Sorry.

Shame you can't exercise the right-to-buy as soon as. No chance of doing that?

McKneff

I know its been in your family for donkeys years and I sympathise, but it does need to go to a family who need it far more than you do which is why council houses were built.
Is there any reason why you cant rent privately.

jaylee3

McKneff wrote: »

I know its been in your family for donkeys years and I sympathise, but it does need to go to a family who need it far more than you do which is why council houses were built.
Is there any reason why you cant rent privately.

I agree. But I also understand the OP wanting to stick with social housing. Who wouldn't??? It's the best option of all. Better than private renting and better than buying!

Good luck to the OP, but I don't fancy your chances.

45002

lizzydarcy wrote:

So, here's what I have found out:

According to the standard practice for the HA, if my Grandfather died tomorrow, I would be given 2 weeks from his Date of Death to move out. (Yes, my nightmare comes true)

However, because of the length of his tenancy and my residency, the HA maybe inclined to allow me to inherit the tenancy but its not a foregone conclusion. (Translation when reading between the lines = fat chance)

The other fact under consideration is that we may have been advised incorrectly that when my Grandmother died that the tenancy could not switch to me. Apparently, there is some clause under some law (which is being looked into that) that may apply. Its very vague at this point but it states along the lines that if the person in the direct for the succession agrees, the tenancy can bypass them and transfer to a resident of the property who has been there for 12 months or more.

In our meeting with the HA following the death of my Grandmother, this was brought up by my Grandfather and myself and they said no. So the tenancy is being examined and that law reviewed to see if it would mean we have a case based on this point.

Granted its a rather slim chance but at least I know what I can expect and can have a plan in place.

I think even CAB will struggle advising with this one.

If you want to get this right.

Only a specialist solicitor in housing would be able to answer this one and would cost !!!!

lizzydarcy

McKneff wrote: »

I know its been in your family for donkeys years and I sympathise, but it does need to go to a family who need it far more than you do which is why council houses were built.
Is there any reason why you cant rent privately.

This is going to sound like I am making excuses but at present, it would be a financial issue.

I have spent my 20s as the carer of my Grandparents helping with their various disabilities and illnesses. This was because there was an attempt to put my Grandmother into a nursing home just before I moved in and it was destroying her because it meant being separated from my Grandfather.

It was only about six months ago that I started part time employment because things had settled enough with my Grandfather (who had better health) to let me go out to work.

When my Grandfather does pass away, I will have to seek full time work. That's fair enough. But in the aftermath, I'll be squeezing every penny to the limit because I have enough coming into cover my expenses but not enough to build up savings for a deposit etc.

This is why I want to get a plan in place before he passes away because that's going to be hard enough without adding housing stress to the mix.