Right of succession for common law wife of council tenant

silvercar

To add a bit of background, the woman is two months shy of 80, becoming frail and had previously been married to the man for 40 years. She lived in a different house on the same street for 40 years with him, a house now occupied by one of her granddaughters. Her daughter and other granddaughter also live on the same street. Her partner was placed into a nursing home close to the estate so that she would be able to visit him. The council have told her she must move into a one bedroom flat, so they do seem to recognise that they have an obligation to home her, however, there are no one bedroom flats in the locality.

Are you saying that they got divorced?

So he moved out of what was the family home into the home she eventually followed him to, leaving what was the family home (social housing I'm guessing, so that other family members took on the tenancy?)

Kathymel

agrinnall wrote: »

She needs proper legal advice rather than help from a well-meaning but not knowledgeable friend I'm afraid.

Sometimes people are so disempowered that they don't know how or where to start fighting. They don't know who to turn to for help. A well-meaning friend can be exactly the right person to guide them to the relevant advice and support, especially if that person has experience of advocating in this field and/or has the determination and ability to find out exactly what their rights are and to support them in achieving those rights.

The housing situation (along with other social conditions) in this country is so appalling at the moment that CAB and Shelter are overrun with people asking for support. I have the time, the ability and the sheer bloody-minded determination to support this woman in gaining her rights, therefore, this is what I will do.

Kathymel

silvercar wrote: »

Are you saying that they got divorced?

So he moved out of what was the family home into the home she eventually followed him to, leaving what was the family home (social housing I'm guessing, so that other family members took on the tenancy?)

Yes, they were divorced and separated.

I'm not aware what the legal situation is on the original family home, whether the granddaughter currently living there succeeded to it or took it on as a new tenancy. I don't think it's relevant to this.

What could be an issue is if her partner himself succeeded to their current house, perhaps as a result of a parent dying. There is only legally one succession allowed, so she would have no right of succession herself in that case.

theartfullodger

a) What sort of council tenancy is it (there are several varieties..)
b) What does it say about succession??
c) Has this tenancy been succeeded already??
d) Who is named as tenant??
e) What does the council website say on the matter....

Kathymel

I'm just waiting for the tenancy agreement to be emailed to me but it sounds like:

a) A secure tenancy
b) The Housing Act 1985 is very clear and states that succession in certain circumstances is a right. This woman's circumstances would seem to fit the bill (other than that her partner is in a nursing home, rather than dead).
c) No.
d) The woman's partner
e) The website is less comprehensive than many and doesn't specify other than to mention that a right of succession exists.

Shelter Cymru have said that they don't believe the problem (?) of the partner still being alive should change the woman's right to succeed, all other things being equal.

BigAunty

As per the previous poster, I think you should be looking at assignment, not succession, as succession appears to specifically apply to the death of the tenant. Succession seems to be a false path to go down.

I had a browse of the Shelter Cymru website and it seems that in the matters of assignment for housing association tenants, it is generally up to the social housing landlord to consent to it. Seems to be different for council tenants.

Is she definately a council tenant (many council tenancies were transferred to housing associations though I don't know whether or not this retained their full original rights or changed them).?

Can I give my tenancy to someone else during my lifetime?

This process is called assignment. Secure tenants can assign their tenancy to any person who would be eligible to take on the tenancy by succession (see above). This includes couples who aren’t married or registered as civil partners. But if the correct process isn’t followed, you could still be responsible for paying the rent and the person who stays on could be evicted.
Get advice first.

http://www.sheltercymru.org.uk/get-advice/get-advice-online/renting-and-leasing/council-tenants-rights/secure-council-tenancies/

Catti

Take a look at This page.

It sets out the following which might be of help.

Assignment
What is an assignment?
An assignment is where a tenancy has been legally transferred.
Secure tenants who have not succeeded to the tenancy themselves, have the right to assign (pass) their tenancy to their spouse or a family member provided that the spouse or family member would have qualified to succeed to the tenancy if the tenant had died immediately before the assignment. An assignment must be done by a legal document called a Deed of Assignment. If the assignment proceeds, the deed will be drawn up by Housing Services. Examples of where a tenant may wish to assign a tenancy to someone include when a person moves into a residential care home or moves to another country. Assignments use up the right of succession and the successor cannot then pass on the tenancy.

agrinnall

Catti wrote: »

Take a look at This page.

It sets out the following which might be of help.

Assignment
What is an assignment?
An assignment is where a tenancy has been legally transferred.
Secure tenants who have not succeeded to the tenancy themselves, have the right to assign (pass) their tenancy to their spouse or a family member provided that the spouse or family member would have qualified to succeed to the tenancy if the tenant had died immediately before the assignment. An assignment must be done by a legal document called a Deed of Assignment. If the assignment proceeds, the deed will be drawn up by Housing Services. Examples of where a tenant may wish to assign a tenancy to someone include when a person moves into a residential care home or moves to another country. Assignments use up the right of succession and the successor cannot then pass on the tenancy.

That's good, but the question that has to be asked is that having been divorced from the tenant, is she considered either a spouse or a family member? My guess would be no, but perhaps the circumstances might allow it to be yes.

Kathymel

BigAunty wrote: »

Is she definately a council tenant ?

Yes.

BigAunty wrote: »

Get advice first.

I am acting as an advocate for this woman. This means I will support her in getting the correct advice from people who are qualified in the relevant areas. I am not providing that advice myself, I am researching and passing on information to her and supporting her to act on it.

Kathymel

I meant to include in my last post that her partner is not in a position to assign the tenancy to her.

This in itself leads to many more questions ...