Succession of tenancy with a deceased tenant, but a bit different.

Bryn99

Hi all.
Hope you can help.

I'll start with the background, and then ask the question at the end.

I live in a small flat in a large block.
The smallest of the flats that are in this large block, in fact (there are a few different sized flats in the block).
It's a tiny flat, but's it's clean and comfortable, and I've been happy here for a couple of years.
Then the Pandemic hit, and although I've always been mentally strong, the small flat and the restrictions and length of the pandemic have definitely had an effect on me.
I definitely have bouts of anxiety now, which I've never suffered with, and obviously the stress has been high (something else I've never suffered with.
I notified the local council of this, to see if they could help, and they adjusted my status on the bidding system accordingly, so that there's a better chance of me getting a place I bid for, but in the last 8 months or so, I haven't been successful in any bid for a property, and I've made a lot of bids.

My elderly Dad lived in a normal sized flat (big compared to mine) from the same housing association, but died a few days ago.
As well as having to deal with my already stressful living arrangements, and now having lost my Dad, I also had to (decided to because all the rest of the family made excuses not to) take on my Dad's dog.
It's a normal sized dog (whippet), but a big dog for the sized flat I live in.
And of course, the dog is constantly looking for my Dad, because he spent all his time with him, and won't settle yet, which is very upsetting.

My question is this.
I know that there are mutual exchange programs within housing associations that allow people to exchange properties, but is there any way that I can take my Dad's flat, which would be good for both the dog (familiar home) and for me (breathing space mentally)?
Anyone hear of a case like this?
To me, logically and from a compassionate stance, this sounds like something that could happen, but maybe doesn't very often.

My Dad's flat has 2 bedrooms, which means I'd have to pay Bedroom Tax (which I'm willing to do), but that also means that when I then bid for single bedroom flats, it would give me more of a chance of getting one, because I would be living in a 2 bedroom flat.
That's how my Dad got his flat. He was living in a 3 bedroom house until my Mum died, and it didn't take many bids before they found him something because of how many bedrooms he had currently.
To me, that would suit both my mental health, and the Dog's, and it would be a quick solution.
But is that the sort of things that can happen within a housing association?
I know they have to be a stickler for paperwork and doing things a certain way, but is this something that can be decided by a human on a case by case basis?
Just wondering if that's possible.

My Dad died on Friday, and the housing association isn't open until tomorrow (Monday).
I've checked their website, and due to Covid, face to face appointments have to be made in advance, so I have the number ready to call tomorrow.
But what I don't want is some receptionist on the phone telling me it won't be possible, without getting to see someone face to face where I can explain everything that's going on, and the toll it's taking on me.
I'm hoping that I can ask for an appointment without having to give a reason, just telling them I would prefer to speak to someone privately about it.

Any help greatly appreciated.
Thanks.

lincroft1710

The only thing you can do is ring the HA and ask. If there is a big need for 1 bed flats and little for 2 beds the HA may be quite willing to do an exchange. But conversely if the HA need to house families who size dictates 2 beds are a necessity, you may be unlucky.


Regarding a familial tenancy succession, I don't know if this is permissible with your HA, but obviously ask them

cattie

If your father was ill before he died (and condolences on his loss) I wonder if you were to say that you had been staying with him to look after him & his dog for a few months if it would maybe give you an advantage. I've heard of someone being successful this way in getting a flat allocated to them after the death of a parent.

Perhaps getting your local MP on your side could help too. They often carry a lot of clout with local authorities. 

Good luck anyway. 

theartfullodger

Read the tenancy agreement (carefully) and see what it says on succession.  When did dad 1st move in?
 
Maybe 'phone the experts, Shelter, 0808 800 4444 free helpline and see what they say.  Good luck.

Sorry to hear your news.

Bryn99

Thanks very much for the replies.

I thought "Shelter" were just for the homeless, but I guess not?
I've just looked at their website, and they have a webchat 12:30 - 4:00 pm Mon-Fri, so I think I'll ask them tomorrow, and see what they say.

And Cattie, I had been staying over my Dad's quite often, at least 2-3 nights a week for the last couple of months, due to his poor health (COPD), but didn't think that it was worth mentioning.
It does seem to make sense to mention it.
Some of the people in the block thought I'd moved out ages ago to look after my Dad (they knew he was ill from me telling them about him over the last couple of years), and when I bumped into the woman who lives right next door to me last week, she was amazed to see me. She thought I'd moved out too. We regularly shared the lift down to the ground floor at 5am most mornings on our way to work, pre lockdown, but said to me that she hadn't seen me for at least a year.
I think she's probably right.

And if I don't get any joy from them, then I will contact my local MP and explain it to them.
I don't have a lot of faith in politicians, but who knows.

Thanks again for the help and your kind words.

theartfullodger

Shelter - and their excellent website - are the experts on landlord/tenant matters.  May be a wait on 'phone line 

HopeAndDriftWood

I wouldn’t wait for the Webchat - it doesn’t open until 12:30 and it can be manic. If you can call them first thing, there’s usually less of a wait, and then you can talk to them and get advice before you talk to the HA.

Bryn99

Thanks for the further replies.

I couldn't get through to Shelter, with multiple tries.
I phoned the HA, and they said they had no control over allocation of properties at all.
I would have thought that they would have some, for emergencies or exceptions, but I guess not.
They just told me to phone the City Council, and ask them to consider adjusting my band for the bidding process.

So, I phoned the council, and asked to speak to someone about my situation, and the woman said all she could do was get an agent to call me back, but that it wouldn't be Today.

If I can't get across just how desperate I am to move, and how urgently I need to, and get them to agree to put me in a priority band, then it looks like I'll be stuck here.
Not good.

KxMx

As you are already a HA tenant have you looked into doing a mutual exchange, rather than going through the bidding system? 

Did you submit any medical evidence such as a GP letter with your bidding application? 

I am sorry for your loss, please give yourself some time to grieve. 

deannagone

I am afraid, in my area, the disposition of social housing is handled entirely by the local housing department in the council.  They run the allocation and bidding system.  All properties are offered by them.  The council may have some properties they keep in reserve for emergencies, but obviously social housing is heavily over subscribed, they probably don't have any 'rules' that fit your situation.  

Try contacting your local MP for advice.  But I am afraid, unless you can prove you lived at your father's address for a year (check the council's housing website, look at rules for succession for the time period), you may not have any 'rights' over your father's property.  It might sound logical to you 'I have two council properties, can you give me one larger one bed flat instead please' but its just not how the council works. 

You will need to give them evidence to prove you are in a vulnerable group to increase your priority. and concentrate on that.  I am sorry, its just how things are with social housing.  I have known people keep normal sized dogs in a property the size of yours (and smaller) but cope with the aid of walking them twice a day.  It might make you feel 'freer' too (it used to work like that for me, sometimes four walls close in on you).  Or you could contact something like The Dogs Trust for help with your father's dog.

I realise your mental health is not good right now, I have a similar situation and am now paying for private counselling, using my disability benefits to pay for it (and I chose someone who is very good but didn't charge the earth).  I used the BCAS register to find her https://www.bacp.co.uk/about-therapy/how-to-find-a-therapist/.  Or you could use MIND who offer a very low cost counselling service.  I am suggesting this option to help you cope, if you can't improve your living conditions immediately.  

Ratkin007

Sorry for your loss
unfortunately it is highly unlikely that you would be able to get your father's flat. You would not be able to succeed the tenancy as you did not live with him. You would have to have been resident for 12 months and as you already have a tenancy that would demonstrate you was not resident. I'm assuming no-one else was resident.
Mutual exchange is when you swap with another person so is not an option in this case.
It maybe you are thinking of a transfer, however from a housing point of view it does not make sense to transfer you to a 2 bed to then move you again and as you've pointed out, you do not qualify for a 2  bed.

Housing is given for people not dogs so the dog would not be taken into consideration in your application.   
You can try fighting for the property but housing providers do not allocate properties through compassion. They have to use policies, procedures (which is likely to be available on their website) and legislation. Not sure what it is called but I am aware of some providers that will make an offer of a property to a person that has given up their property to move in and care for a person but that is not the case here.

Maybe your time would be best spent dealing with the loss of your father, organising funeral, clearing of flat, etc.
I know this is not what you want to hear but false hope is no good for anyone.
You could also look into a mutual exchange with someone else.