Housing Advice/ideas for friend

Lunar_Eclipse

Why can't the tenancy be transferred to any one of the children aged 18+?

I would think either of the two who have finished uni would be most suitable, and it can continue to be the family home.

For anyone at university (away from home), the family home is still their home address and permanent place of residence.

This is very sad and it's wonderful that you're helping this family. I don't think the information you have been given can be correct though.

csgohan4

If expected to die in 6 months, claim what your entitled to:


you need a DS 1500 report from the GP/ Consultant


https://www.mariecurie.org.uk/help/money/benefits-entitlements/living-with-terminal-illness/special-rules

[Deleted User]

I hate to say it but its probably gatekeeping from the council.., making it as difficult as possible. I know when I was homeless, the officer I saw seemed sympathetic and nice but still told me that I couldn't be helped. The reason he gave was totally incorrect. Sorted it but it gave me a horrible few weeks. I was meant to just creep away and find another solution (there wasn't one, why I needed help from social housing). Anyone in need of social housing does have to be aware and not totally trust what they are told, unfortunately. Its awful, but unfortunately true.

Social workers also often aren't experts re housing as well. Had a similiar experience with Shelter to the one the OP gave. They only seemed willing to help fight the S21 I'd been given, for which they'd get legal aid but weren't prepared to help with anything else. They closed the case down when I said there didn't seem much point in fighting the S21 process even though I begged them not to do this as I was going to end up homeless and the council weren't doing things as they should and I needed their help.

I wonder if its possible to find a guardian (one of the older siblings or another relative) who is willing to live in the family home (so taking up 2 beds)? Perhaps the 18 year old could go to university locally so having a 3 bed is still required. My older son has ASD, so he will be going to a local university rather than living out. It is possible to do. I agree that it might be difficult to get HB in the 18 year old's name (same for the 16 year old) but how/if this can be done does need to be explored.

But as said, its a very difficult time to make any plans for the future. Its generally said that making any big decision for a year after a bereavement of a close relative is a bad idea.., but circumstances unfortunately don't permit this to be avoided.

LittleMax

waveneygnome wrote: »

e) I spoke to the council again this morning, and they were adamant that they would not pass tenancy onto the younger child. I have forwarded onto them the link from Shelter. In addition, due to the flat being 3 beds, IF they did pass tenancy onto younger child, they would re-assess and move her out to a 1 bed place. The person I spoke to was very sympathetic, but said the pressure from others on the housing list meant they couldn't justify leaving 1 person in a 3 bed flat. Which I can see their point of view also. The council couldn't comment further until something actually happened (i.e. mother passes), and then they would act to the circumstances at that time.

This is one person at the Council and I suspect not the Head of Housing. It really is too complex a case for someone who deals with telephone enquiries to be passing judgement on. When I worked in housing something like this which is an unusual case would have been passed up the chain and even the most experienced senior managers would have had to pull out guidance to check on what the housing legislation actually says.

I really would urge you to get an appointment with the Head of Housing - your Councillor and MP will be able to help with this.

Edit - also although they would like any move due to under occupancy to be straightforward, it is certainly not just a case of "they would re-assess and move her out to a 1 bed place". The Council would need to go through a formal eviction process and a judge would need to agree that it is reasonable for them to expect the 16 or 18 yr old to move and that the alternative offered to them is suitable. Would a Judge agree in this case (I wouldn't like to put money on it).

As I say it is not like the normal successions that the staff are used to advising on you need to go higher.

xylophone

Is it possible for one of the 18 year olds to become joint tenant with mother now? I am assuming that the flat is still the permanent address of the child currently at University?

Presumably the tenancy would pass to him/her on mother's death?

It might be a good idea for the 18 year old still at school to defer university for a year; you will be assisting the family during that time and could also keep an eye on the younger one in the year till he/she turns 18?

Cakeguts

I would suggest that the 18 year old studies from home with the Open University that way they could if they wanted to get a job as well.

carefullycautious

Times have changed as a friend of mine was given the tenancy of a 3 bed house when her mum died and she was only in her teens. See below from shelter website


Succession rights of relatives

Rules for inheriting a secure council tenancy depend on when the tenancy began if you are a relative of a council tenant who has died.
Tenancies that started on or after 1 April 2012

You can only inherit a relative's tenancy that started on or after 1 April 2012 if the tenancy agreement says this can happen.
Tenancies that started before 1 April 2012

You can inherit a relative's tenancy that started before 1 April 2012 if:

• the tenancy was your home at the time the tenant died
• you were living with tenant for at least 12 months before they died
• no-one else has a stronger claim to inherit the tenancy

It doesn't matter where you lived with your relative in the 12 months before they died. If you moved home, time spent living in another property counts.
Relatives who can inherit a council tenancy

You count as a relative of a council tenant who can inherit the tenancy of a council tenant who dies if you are their:

• parent or grandparent
• child or grandchild
• brother or sister
• uncle, aunt, nephew or niece

Step-relations, half-relations and in-laws are also included. You cannot inherit the tenancy if you are the foster child of the tenant who died.
Disputes about who can inherit the tenancy

Only one person is allowed to inherit a tenancy.
Sometimes more than one person living with a tenant could inherit the tenancy. The husband, wife or civil partner always takes priority over anyone else.

LittleMax

Cakeguts wrote: »

I would suggest that the 18 year old studies from home with the Open University that way they could if they wanted to get a job as well.

Open University courses do not qualify for student loans so they would have to fund fees up front and not get a loan towards living costs.

Also it's a very different learning experience. The transition from 6th form to University is difficult enough as it is, but to complete a distance learning course requires a different approach and commitment, which for an 18 year old who suddenly finds themselves without the support of their parent would find very difficult. I would not recommend Open Unversity unless the 18 year old suggests this themselves.