Council Tenancy after mum died

Ratkin007

The information required is in the link in the second post re discretionary tenancy, 7.32. Actually looks promising, however unlikely you'll be able to stay where you are if there is more than 1 bedroom. Succession is not an option as your mum automatically succeeded the tenancy by survivorship when your dad died so there is no right to succeed. Not all housing officers will be aware of their own policies so may just tell you that there is no right of succession. It is unusual for such specific information to be given on discretionary tenancies but it is there so make contact with the Council.

45002

jackspade wrote: »

Im 36 and have been living with my parents in a Hackney council place since birth. They had a joint tenancy and it passed to my mum in 2013 when dad died and my mum has also recently passed away and im extremely stressed about what is going to happen to me.

We did inquire about the tenancy after my dad died but Hackney replied that it could not be passed to me as my mum automatically succeeded, however I would be able to apply for a "discretionary succession of tenancy" but they did not say what would happen if that application was declined.

Im currently working and have a small pot of savings, no partner or children. Ive been reading some horror stories online of other people in similar situations and it seems the council are likely to just force you to leave.

Exactly the same thing happened to another resident in our block of flats last year to a guy I knew but the council apparently found him a place to live although I dont think he was working or had much savings ( on benefits )

I have also been told anecdotally by people in real life that the council tends to find you a place to live rather than trying to make you homeless but this doesnt tally with some of the stories ive read online.

I haven't directly told the hackney housing yet but I used the governments "tell us once service" which states they will tell everyone.

Does anyone have experience in this area or would be able to offer some suggestions?

Just want to add I was my mum's carer in the last year while she was battling terminal cancer, although I was still able to go to work she could look after herself while I was at work but I had do everything once I got home.

Have a read of this

https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy


Plus


OP needs to find copy of original tenancy agreement and see its what says on succession rights.


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ethank

I'm so sorry for your loss.

Normally they only let you succeed once. However if your Mum and Dad were joint tenants, I would be arguing that there was no succession to her as she was a tenant already. Therefore you should have the right to succeed the tenancy.

GibbsRule_No3

Were you contributing to the rent and can prove that you were, or Council Tax did you have any bills in your sole name, gas/electric/ water? A friend of mine is going to be in the same position when her mother dies (hopefully not for a long time). They tried to get her on the tenancy when her father died last year but were told they could not do it, she was told to get bills in her name only and that when her mother does pass away the council/HA would be more likely to have to rehouse her to a one bedroom or bedsit, she would not be able to stay in the house, obviously due to "under occupancy".

Many years ago I was in a similar position, I was living with my mum after my dad died, she then went into a hospital, after three years I was told the rent was being taken out of my wage without recall to my mother's money, she was still in hospital, luckily I did query it at the time and they said it was right. When my mother passed away ten years later and I informed them she had died they said I had to leave the property and that they did not need to rehouse me. Contacted the MP and Local Council people who luckily for me discussed my case and after a very stressful time (I would have been happy to vacate for a smaller property) I was allowed to stay where I was as it had been their error all those years ago. Due to paying the rent and bills I had no savings to fall back on. I was very lucky to stay and due to it now have a very nice retirement age, one bedroom property. Times for Social Housing now are far worse than when it happened to me. Good luck at this stressful time.

Ratkin007

ethank wrote: »

I'm so sorry for your loss.

Normally they only let you succeed once. However if your Mum and Dad were joint tenants, I would be arguing that there was no succession to her as she was a tenant already. Therefore you should have the right to succeed the tenancy.

I wouldn't bother arguing the succession point. It is automatic. I have dealt with a situation where the mother died but the Local Authority records were not updated so when the father died, the sons tried to argue there had been no succession but were unsuccessful. They refused to leave the property so it went through the courts. They tried to give there a defence but the judge just responded by saying he had no option but to give the order for them to leave. They then tried to ask for discretion and the judge stated they needed to speak to the Council. There was more to their story and questionable as to whether they had been living in the property, but fact, the succession took place by way of survivorship and there was no further right to succession. For op, the succession has taken place and there is no further right to succession. However there is a policy in place for discretionary tenancy.