Tenancy Advice

LorenzoG

Hi all, so the situation at the moment is my mother recently passed away and as you know I loved her dearly and going to miss her greatly. I've got high stress and anxiety from whats happened and whats about to come. My Mum rented the property and i lived with her as her son since 2011, their hasn't been a succession and Its been my childhood home and i'm afraid to loose it by the attachment that I have to the property.

I received a letter stating that I am 'Left in Occupation' What does this mean and what are my rights going forward. I've been doing some research and seen something about tenancies created before 2012 which this was.

Any advice would be greatly appreciated. Thanks 

macman

Is this a private tenancy? An AST? Are you also named on the TA? The letter was from who?
Who is now paying the rent? You, or your mum's estate? Are you the executor?

tacpot12

Being "left if occupation" means that they know that you are occupying the property as your home, but they are also indicating that currently you have no rights to do so.

This article suggests a number of possible ways that the situation might be resolved:  
What to do with those in situ? (localgovernmentlawyer.co.uk)

Succession is one of those ways, and would be a good route for you. You may have seen this page: Shelter Legal England - Succession rights for secure, flexible and introductory council tenancies - Shelter England

If you were living with your mum in the 12 months prior to her death, then it would appear that you would be able to succeed. The link on the Shelter link explains how Succession happens. In the case of "Periodic Tenancy" it may have already happened, but I think it more likely that your Mum had a Secure or Flexible Tenancy, in which case who ever is dealing with her estate may have to do something. (This is not an area that I know about). 

So if you don't get any further advice here, I would recommend calling Shelter and asking for help to identify what sort of Tenancy your mum had, and what you need to do if you want to take over the tenancy. 

Did your mother leave a Will? If so, who is/are the executors (what is their relationship to you)?

LorenzoG

Thanks for the replies. It is a housing association and the letter was from them. I am in receipt of paying the rent now and I am named on the Tenancy Agreement since she took the tenancy back in 2011

theartfullodger

Sorry for your loss.

Are you actually son (biological or adopted) please?

Do you have copy of tenancy?  If so what sort does it say it is, please?

LorenzoG

I am the biological son. I do have the copy of the original tenancy which says that a family member can succeed the tenancy

propertyrental

LorenzoG said:

I am the biological son. I do have the copy of the original tenancy which says that a family member can succeed the tenancy

Given that it says that, and also

LorenzoG said:

....I am in receipt of paying the rent now and I am named on the Tenancy Agreement since she took the tenancy back in 2011

I don't see a problem. Keep paying the rent (you, not the Executor(s) ), and whatever type of tenancy it is will continue.

macman

Is the problem here that the property is 2-bedroomed, the OP is now the sole occupant, and the HA want to reallocate it to a larger family?