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Right of succession for common law wife of council tenant

135

Comments

  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    agrinnall wrote: »
    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.

    If their relationship was such to say they had resumed living together as husband and wife, then I cannot see why she should be excluded.
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Kathymel wrote: »
    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 ...

    As in lacking capacity? No LPA in place?
    Would a Deputyship application be appropriate which might then deal with the issue of her accommodation?
  • Kathymel
    Kathymel Posts: 83 Forumite
    agrinnall wrote: »
    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.

    Because she had been cohabiting with her partner at the property for a period exceeding one year, she has the same rights as a married spouse.
  • Kathymel
    Kathymel Posts: 83 Forumite
    Catti wrote: »
    As in lacking capacity? No LPA in place?
    Would a Deputyship application be appropriate which might then deal with the issue of her accommodation?

    This is what I am wondering Catti, but need to wait until this evening to find out further details.

    I am also wondering whether the council followed correct procedure. However, I need to wait until I have received written permission to act on her behalf before I can contact the council.
  • theartfullodger
    theartfullodger Posts: 15,871 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 September 2014 at 1:36PM
    I asked....
    theartfullodger wrote: »
    a) What sort of council tenancy is it (there are several varieties..)
    b) What does it say about succession??
    etc etc etc...
    You answered...
    a) - "it sounds like".. Secure... (thanks!)
    b)
    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).
    My question b) was what does the tenancy say about succession... please.. It is unlikely but possible that it grants extra rights beyond HA1985...

    Appreciate you are acting as advocate (? for money??) . Suggest you look in Shelter Legal where the matter is well described (they have a free trial I think..)

    Cheers!
  • System
    System Posts: 178,390 Community Admin
    10,000 Posts Photogenic Name Dropper
    I don't believe that you can use an LPA to re-assign a rented property as it is not owned by the donor and also the re-assignment is not in the best interest, or any interest for that matter, of the donor.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Kathymel
    Kathymel Posts: 83 Forumite
    theartfullodger wrote: »
    I asked....

    You answered...
    a) - "it sounds like".. Secure... (thanks!)
    b) My question b) was what does the tenancy say about succession... please.. It is unlikely but possible that it grants extra rights beyond HA1985...

    Appreciate you are acting as advocate (? for money??) . Suggest you look in Shelter Legal where the matter is well described (they have a free trial I think..)

    Cheers!

    I am waiting for a relative to find and send me a copy of the tenancy agreement and can't say categorically what it says until I have seen it.

    The table at 4.31 in the link below shows that, regardless of tenancy, a cohabitee can succeed, so it shouldn't be necessary for any additional rights to be in place for succession to be a right in circumstances such as these.

    http://www.lag.org.uk/media/41897/housing_law_sample_chapter.pdf

    I did look at Shelter Legal but I didn't get offered a free trial. If you have a link to that I would be very grateful.

    And no, no money.
  • theartfullodger
    theartfullodger Posts: 15,871 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kathymel wrote: »
    ...
    I did look at Shelter Legal but I didn't get offered a free trial. If you have a link to that I would be very grateful.
    http://england.shelter.org.uk/legal/home/no_access#4
    And no, no money.
    Good for you:

    You could always 'phone Shelter once you have all the info, but they may need to speak to the tenant to confirm you are acting for her.. Worth a try, free service, 0808 800 4444
  • Kathymel
    Kathymel Posts: 83 Forumite
    !!!!!! wrote: »
    I don't believe that you can use an LPA to re-assign a rented property as it is not owned by the donor and also the re-assignment is not in the best interest, or any interest for that matter, of the donor.

    It might be in his interests. His partner may not be able to visit him as regularly if she is compelled to move to a different area. Would that count?
  • System
    System Posts: 178,390 Community Admin
    10,000 Posts Photogenic Name Dropper
    As has been said, succession isn't the problem. Succession only comes into play if the renter dies.

    The problem is assignment and now the fact that the current renter is not in a position to assign the the tenancy means that this could be very difficult, if not impossible, to achieve
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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