Housing association tenancy succession - parent -> child

itisgeorge

Hello,
This isn't actually an issue and I hope it isn't for some time, however I'm just worrying years ahead of time. I (early 20's) currently live with my single parent in a housing association home and it's just them on the tenancy. It's just us two that live here, and have done for a number of years.

I hope to eventually save enough to move out and buy my own home, but I'm worried about the prospect of if something were to happen to my parent and they were to pass away while I am still living here. From what I understand the tenancy could be transferred to me as the only close relative living here, does that sound right? The HA is Clarion.

Secondly would me being added to the tenancy (as a joint tenant?) change anything, and are there are pro/cons to that?

Appreciate any advice.

HampshireH

Has there ever been a previous change? If so there is no legal right to succession but may be entitled to a discretionary succession depending on Clarions policy.

I.e was it joint previously and now sole?

That would count as the one change.

Some HAs do not allow family to be joint tenants - do Clarion? Their website is useless and produces a lot of this page cannot be found messages.

Finally would you be eligible for a house the size of the one you are in? Any succession would be to the tenancy and not the property.

This means they could grant a succession and serve notice but commit to downsize you giving you a tenancy on more appropriate accommodation.

I.e. if you are in a 3 bed house for example and only have a need for. 1 bed flat.

You need to speak to them.

Ref pros and cons

Pros - you get a social tenancy skipping the waiting list. 

Cons - what happens when you want to buy?  Does your mum want to give up 50% of her tenancy (not sure why she would)

What happens if she needs to go into supported / sheltered accommodation and needs to move with her tenancy but can't because you aren't entitled to go with her? This could mean she is inadequately housed later in life.

All things to think about ☺️

itisgeorge

HampshireH said:

Has there ever been a previous change? If so there is no legal right to succession but may be entitled to a discretionary succession depending on Clarions policy.

I.e was it joint previously and now sole?

That would count as the one change.

I don't believe there has ever been a change, it's always been her on the tenancy.

HampshireH said:

Some HAs do not allow family to be joint tenants - do Clarion? Their website is useless and produces a lot of this page cannot be found messages.

Interesting point, I don't think that's mentioned anywhere I've discovered. Their succession policy is here though.

HampshireH said:

Finally would you be eligible for a house the size of the one you are in? Any succession would be to the tenancy and not the property.

This means they could grant a succession and serve notice but commit to downsize you giving you a tenancy on more appropriate accommodation.

I.e. if you are in a 3 bed house for example and only have a need for. 1 bed flat.

Something else I hadn't considered. We have 2 bedrooms, so I'm not sure if that would count as oversized if I only needed one?

HampshireH said:

Ref pros and cons

Pros - you get a social tenancy skipping the waiting list. 

Cons - what happens when you want to buy?  Does your mum want to give up 50% of her tenancy (not sure why she would)

What happens if she needs to go into supported / sheltered accommodation and needs to move with her tenancy but can't because you aren't entitled to go with her? This could mean she is inadequately housed later in life.

Would I be able to leave the tenancy when I wanted to buy or is it not as straight forward as it sounds?

Sheltered accommodation is a good point, if she were to take the tenancy I assume I wouldn't be able to stay in the house? I think that alone may answer my original question.

Great points I hadn't considered, and I guess it's kinda one of those bridges I'll have to cross if worse comes to worse.

Appreciate the help!

Slithery

If anything happens could you not just rent privately instead? You say you're in your twenties... 

HampshireH

itisgeorge said:

HampshireH said:

Has there ever been a previous change? If so there is no legal right to succession but may be entitled to a discretionary succession depending on Clarions policy.

I.e was it joint previously and now sole?

That would count as the one change.

I don't believe there has ever been a change, it's always been her on the tenancy.

HampshireH said:

Some HAs do not allow family to be joint tenants - do Clarion? Their website is useless and produces a lot of this page cannot be found messages.

Interesting point, I don't think that's mentioned anywhere I've discovered. Their succession policy is here though.

HampshireH said:

Finally would you be eligible for a house the size of the one you are in? Any succession would be to the tenancy and not the property.

This means they could grant a succession and serve notice but commit to downsize you giving you a tenancy on more appropriate accommodation.

I.e. if you are in a 3 bed house for example and only have a need for. 1 bed flat.

Something else I hadn't considered. We have 2 bedrooms, so I'm not sure if that would count as oversized if I only needed one?

HampshireH said:

Ref pros and cons

Pros - you get a social tenancy skipping the waiting list. 

Cons - what happens when you want to buy?  Does your mum want to give up 50% of her tenancy (not sure why she would)

What happens if she needs to go into supported / sheltered accommodation and needs to move with her tenancy but can't because you aren't entitled to go with her? This could mean she is inadequately housed later in life.

Would I be able to leave the tenancy when I wanted to buy or is it not as straight forward as it sounds?

Sheltered accommodation is a good point, if she were to take the tenancy I assume I wouldn't be able to stay in the house? I think that alone may answer my original question.

Great points I hadn't considered, and I guess it's kinda one of those bridges I'll have to cross if worse comes to worse.

Appreciate the help!

That's right you wouldn't be able to stay. She would need to give up the property to move into another. You can end a tenancy on a single signature but more often than no a HA won't accept this due to the possibility of making someone homeless.

You may both need to sign which of course would leave you intentionally homeless if you didn't have somewhere to go in the eyes of the council.

A working adult with no vulnerability would not be a priority for social housing.

Ratkin007

There was no succession policy. The link takes you to a page but the succession link gives the mx policy. Check the tenancy agreement for info on succession, that will let you know who can succeed to the tenancy. 

45002

Ratkin007 said:

There was no succession policy. The link takes you to a page but the succession link gives the mx policy. Check the tenancy agreement for info on succession, that will let you know who can succeed to the tenancy. 

If there is Nothing in a tenancy agreement about succession rights.

There are succession rights written into Law, all will depend on how long tenants been living there for and how long relatives been living there too ?

If a HA, LL or T have any disputes about succession rights, in the end it would be down to the courts to rule on.

nora_nora

I succeeded my mums tenancy. The only stipulation was that i could prove i had been living in the property with her for at least 12 months before she died. Job done. It was a 3 bedroom property, i was downsized to 1 bedroom. Council got a family home back to house a large family & i got a smaller flat and a secure tenancy. The end.