Right of succession for common law wife of council tenant

System

Kathymel wrote: »

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?

Only if it falls within the powers that the attorney would be granted which, personally, I don't believe that they will have as it is not the donor's property

Kathymel

theartfullodger wrote: »

http://england.shelter.org.uk/legal/home/no_access#4
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

Thanks very much for the link!

I spoke to my local office this morning after holding for aprox. an hour on that helpline. They really are overrun. They are also very nice and I'm going to set up a meeting as soon as I have the letter of permission to act on her behalf in my hand.

Kathymel

!!!!!! wrote: »

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

I am still talking about succession because assignment can't take place unless the assignee would have a right to succeed in the event of the assignor's death.

xylophone

Are there really no suitable properties for a frail, elderly person within reasonable reach of the care home?

Kathymel

xylophone wrote: »

Are there really no suitable properties for a frail, elderly person within reasonable reach of the care home?

I'm sure there are but she wants to stay in the same house and in the same street as her children and grandchildren. If she has that right, she should be allowed it.

Yorkie1

Kathymel wrote: »

I am still talking about succession because assignment can't take place unless the assignee would have a right to succeed in the event of the assignor's death.

But you are wilfully missing the point that succession applies on death and therefore any law you cite about entitlement is wholly irrelevant.

silvercar

Would the fact that she has allowed her children to be assigned the tenancy of what was her home have any bearing on this? Seems odd that she be allowed to pass the tenancy to family and then have a right to another council home, though it is an unusual situation where someone divorces and then is reunited with the former spouse.

lighting_up_the_chalice

Kathymel wrote: »

I am still talking about succession because assignment can't take place unless the assignee would have a right to succeed in the event of the assignor's death.

Councils tend to be more flexible about assignments, often using it to prevent homelessness, so a direct comparison may be unwise. Assignments also tend to work separate from the individual property. You are, effectively, assigning your tenancy rights rather than the tenancy itself, so a move may well be a deciding factor.

lighting_up_the_chalice

silvercar wrote: »

Would the fact that she has allowed her children to be assigned the tenancy of what was her home have any bearing on this? Seems odd that she be allowed to pass the tenancy to family and then have a right to another council home, though it is an unusual situation where someone divorces and then is reunited with the former spouse.

Previous historic assignments as described shouldn't be an issue. Unless, of course, they can be shown to have been engineered to take advantage of the system.

sleepless_saver

Kathymel wrote: »

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

Seems clear that cohabitees can succeed or have tenancies assigned provided the other criteria are met. But have a look at para 4.79 of that document. The assignment (which seems to be the relevant issue in this case rather than succession) needs to be made while the tenant is still living there as their main home. The following sections on landlord consent might be useful.