Succession of a house?

PurpleBanana

Hi everyone, I have a couple of problems.

Firstly, I'm 24 years old and lived with my grandparents from the age of about 6/7 due to my mothers death and fathers abandonment. This time last year, my nan died, and the house succeeded into my Grandads name, and then later in the year, he died. Now, I understand that the succession has already taken place but do I have any rights as I have lived in this house for 16/17 years and this is what I call home? My Grandad thought that because my name was on the house, it would come down to me no problem but that hasn't been the case. If been given the option would he have been able to put the succession in my name after my nan died or did it go to him automatically because he was her husband? I just find it ridiculous that they had a joint tenancy and yet the house still has to succeed and now me and my younger sister are going to get thrown out of our family home because the succession has already taken place and I refuse to believe there is nothing we can do about it. Am I able to appeal their decision? They are looking into our case as it is unique but it's 'unlikely' we'll get the house.

Second problem is as we are on low income I applied for housing benefit but as we don't have a housing agreement yet as we do not know if we are keeping the house or not, housing benefit will not pay out which I fully understand as at the moment we are not liable for the rent so they cannot pay us what we are not paying out but I'm racking up debts with not receiving any housing benefit, if the house comes to me or not, will housing benefit backdate my claim and help me with the rent that's overdue?

Thanks to anyone who can help. It's a complex situation, I've got a meeting with Citizens advice next Monday so I can find out more then but I'm eager for information to start getting evidence together to keep my home.

the_wheels_have_fallen_of

Have you tried ringing Shelter? They are very very good at advising on these things and they will advise you what to do right away and how to go about it

BigAunty

What do you mean 'because my name was on the house'? That the social housing landlord gave you permission to live there and are aware of your presence? You have already stated, if I understand this correctly, that you are not the tenant.

Shelter do not provide advice on housing benefit but can give you information on your options and rights. They also have a section on homelessness (what the process will be if the social housing landlord asks you to leave).

Pop over to the benefit forum for the HB question - there is a poster there called 'Housing Benefit Officer' who works for a local council and provides excellent advice on HB.


Duration of your occupation doesn't over-ride the 1 succession rule, AFAIK.

antrobus

PurpleBanana wrote: »

.... This time last year, my nan died, and the house succeeded into my Grandads name, and then later in the year, he died. Now, I understand that the succession has already taken place but do I have any rights as I have lived in this house for 16/17 years and this is what I call home? ....

I believe the answer is sadly 'no'.

There can only be one statutory succession to a surviving spouse (this includes civil partners) or a member of the deceased tenant’s family. Where a tenancy was originally a joint tenancy and one of the joint tenants dies, or surrenders their interest, this counts as a succession; no further statutory successions can be claimed.
Succession rights and social housing Standard Note: SN/SP/1998

PurpleBanana wrote: »

.... I refuse to believe there is nothing we can do about it. Am I able to appeal their decision?

Put it this way; even if you had succeeded to the tenancy, the LHA could still have evicted you on the grounds of under-occupation.

Despite the fact that the surviving family member may have lived in the property for many years, local authorities will generally seek to recover repossession of under occupied properties in order to ensure the best use of their stock;
Succession rights and social housing Standard Note: SN/SP/1998

PurpleBanana wrote: »

.... They are looking into our case as it is unique but it's 'unlikely' we'll get the house.

I don't think you case is 'unique'.

jenny54321

As you were not named on the tenancy then the house cannot be passed over to you -
You should be able to get re-housed with the local authority as they may put you and your sister in a flat or smaller houise maybe as the house in question would go to a larger family at a guess -
Im afraid your grandad was unaware of the rules .im very sorry

McKneff

Are you and your sister working, could you look for private renting between you.


This happens all the time every day so Im sorry, but your situation is not unique.


Good luck.

haras_nosirrah

your grandparents were renting the house - albeit for a long period of time. They were never the owners therefore they cannot pass the house onto you. As your grandparents were joint tenants the succession was from two names to one.

You need to prepare to leave as you will not be able to stay in the house unless you are the highest priority for it and I am guessing this is a family house so that is unlikely

Your priority should be seeing if the housing association are able to house you somewhere more suitable for your needs or looking to pool your resources together to rent privately.

If housing associations or the councils allowed unlimited successions then council housing would be monopolised by the only families lucky enough to get one in the first place as they could then pass it to their children, their grandchildren, their great grandchildren etc. This house will now be put into circulation again for another family in need and you must either be granted your own or private rent

I am sorry if this is not what you want to hear but don't waste time fighting the council as it will be a waste of time. Spend your energy finding a new home

[Deleted User]

Contact your local MP or councillor. They will be used to housing policies in your area, and be able to write to your council/keep an eye on the case so the best possible outcome is achieved. This doesn't always happen automatically. It is likely that you will still have to move.., but hopefully will give Housing less chance to fob you off.

G_M

Quite apart from the tenancy succession rules, you're 24. Time to leave home and live your own life.