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My Mother's Tenancy

Hi all, hope you can help me with this.
We moved to our current 2 bedroom ground floor council flat nearly 4 years ago as our old one was a 3 bedroom maisonette and way to big as my mother is immobile and unfortunately as i write this in the final weeks of breast cancer.
Her name is on the property but all of the amenities are in my name, she will be going into a nursing home shortly.
Will i be offered the tenancy automatically even though the only thing adapted for the flat was a concrete ramp leading to the front door from outside (which wasn't put in for us by the way).
I also haven't worked since March when the pressure of worrying about her & working for a new employer (all staff from my previous company came over VERY reluctantly to this fim) resulted in me doing that for my sanity.
I haven't signed on at all as i was hopeful of getting another less stressful job quickly and that hasn't happened.
I've been using my savings and continued to pay the rent & council tax as if i was still working which i know now i shouldn't have done.
She doesn't have any savings only her state pension so i'm thinking that will go towards her costs at the nursing home.
Any advice would be much appreciated as to where i stand in this.
Thanks in advance.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 3 August 2017 at 2:24AM
    if this post appears brutal/rude so be it

    the rules are straightforward, a council property is allowed one "succession"

    where does your father fit into the time line? If he and your mother were both council tenants when he died, then she succeeded to the (sole) tenancy and thus has "used up" the one allowed chance of succession.

    are you actually on the council tenancy anyway? If not, then your mother adding you counts as a "succession" and so may, or may not, be allowed. Who pays the utility bills is irrelevant. As you note, if the property has been (substantially) adapted for a disabled person then the council may not offer it to you under succession rights, but must (if you qualify) offer you a different (presumably unadapted) property instead.

    the law differs between England, Wales, Scotland and NI, assuming you are England then read this:
    https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy
  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Not housing related but...If you are not claiming benefits - how are you getting your National Insurance credits?
  • theartfullodger
    theartfullodger Posts: 15,981 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Different council tenancies have different (or no.....) succession rights.

    Read mum's tenancy agreement and see what it says - is it a "Secure" tenancy
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You may be able to ask for the tenancy to be put into the joint names of you and your mum, but whether that's doable in the time you have, and whether that is what you want to spend your time on right now, is another question.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • KxMx
    KxMx Posts: 11,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 August 2017 at 5:22PM
    I'm sorry for what you are both going through.

    Not all councils allow such a joint tenancy- mine is strictly husband/wife or partners. No other inter family at all.

    I'd suggest reading through any paper work you have and contact your Housing Officer.
  • squinty
    squinty Posts: 573 Forumite
    You need to check your mothers tenancy agreement.

    The rules changed in 2012 as a consequence of the Localism Act which restricted succession rights from 'family members' to 'spouse only' unless the Council offer something more 'generous' within the tenancy agreement.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Unlikely you will be allowed to stay in a property that has been adapted for a wheelchair as the council probably have a lot of people waiting to move to one of these.
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