Right of succession for common law wife of council tenant

silvercar

lighting_up_the_chalice wrote: »

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.

This is what concerned me. From one angle it could look like they split up, one party was given a tenancy elsewhere (claiming homelessness to get it?). Having secured a second tenancy in the family, they then passed that tenancy to family member and moved back in to original home from which they had originally claimed they couldn't live.

The timescales involved may help to disprove that there was any engineering taking place.

Cheeky_Monkey

Let's also not forget that she will not be homeless as the OP says that the Council have already offered her a one bed home.

Presumably, we are talking about a family home (possibly a 3 bed) for which, depending on the area, there could be a desperate need to house actual families rather than one person who wants to stay there for their own convenience.

carefullycautious

1. The important info is where is she a tenant to (You said she was a tenant?)


2. Does she receive any housing benefit as I know that over 60s do not have to move due to the bedroom tax so that should not cause an issue.


3. As it will be an assignment case the LA may be able to refuse
on the grounds that the property is too big for her.


Just found this on Cymru site


I am neither the sole or joint tenant



If you are neither the sole or joint tenant, and your partner is the tenant and wants you to leave, you don’t have any automatic rights to stay.
If your partner gives your landlord a Notice to Quit, the tenancy will end for both you and your partner. The only exception to this is if you have a regulated (protected) tenancy, which is quite rare. If you think your partner is going to give notice to the landlord, and you want to stay in the property, speak to an adviser immediately.
If the sole tenant leaves, or gives notice, in nearly all cases the tenancy will come to an end and the non-tenant will have to leave. However, in most cases your landlord will have to get a court order for possession, so you should receive a letter detailing the date you have to leave.

Kathymel

Good evening.

Just posting an update about how we got on.

The granddaughter of the woman I was advocating for hadn't been able to find her grandfathers tenancy agreement. Despite being intensely anxious about doing so, she phoned the council to ask for a copy and upon being asked why explained that we were collecting information to fight her grandmother's relocation, outlined the facts and said that we were prepared to take legal action.

The housing manager phoned her back before the end of play that day to say there would be a new tenancy agreement in the post for her grandmother, immediately.

So, tremendously pleased with the result, all the more so because the granddaughter overcame her anxiety and was able to tackle the council herself.

Thank you to everyone who provided information and advice.

carefullycautious

I think your friends age has been taken into account plus the threat of legal action.


A successful conclusion in one way but I personally cannot understand why one person needs a family home when so many are waiting on endless lists

scotty01

A good result, well done for helping out, yes it's not ideal she's in a family home but shes 80 years old and shouldn't have to move.