Inheriting a tenancy

squinty

lizzydarcy wrote: »

So, here's what I have found out:



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.

Don't pin your hopes on this

This sounds very much like they have misunderstood s.87 of the 1985 Housing Act.

Whilst this does say that the tenancy can be suceeded by either the spouse of the tenant, or by another family member who has lived with the tenant for the previous tenant. In the case you describe - grandfather succeeded to the tenancy on the death of the joint tenant. This type of succession is sometimes referred to as survivorship and the joint tenant take preference.

The 'choice' of which family member can succeed can only be with a sole tenant.

Several people have advised that the HA are unlikely to allow you to stay as the accommodation may be needed for a family. This may be true, but is not a blanket rule - in some areas of the country demand for housing can still be low allowing the HA to be more flexible.

However, there is also the possibility that the HA may make you an offer of alternative accommodation that is more suited to a single person - they may even do this if they allow you to succeed to the tenancy. (and if you do not move seek possession under ground 16). If the HA have not talked to you about this, and it is something your would consider, you can raise this with them. If they are sympathetic to your situation this offer a good compromise - and ensure you have somewhere to go. However, as mentioned above, this option is more difficult if you live in a high deamnd area.

Did you find out what type of tenancy Grandfather has ? This would be really helpful to allow people to give you the best advice. If you cannot find the tenancy agreement the HA should let you know.

45002

One point is for certain .

This joint tenancy start in the 1950's and one of the original tenants is still alive, some think a specialist solicitor in housing would pick up on for a start !