Tenancy Transfer Question in Event of Death

acharris

Hi all, need some advice. My mother of has lived in her current council house for 46 years with her late husband who passed away back in December. They had a joint tenancy so the house is now solely in my mother's name as she removed my father from the tenancy.

I have been living with them for 30+ years as I helped cared for my parents. If something happens she is worried if the tenancy will transfer to myself as she thinks the change will count towards the 1 transfer allowed on the house. Any help is appreciated. Thanks in advance.

Anthony

Caz3121

worth a read https://www.citizensadvice.org.uk/housing/social-housing/during-your-tenancy/stay-in-your-council-home-when-someone-dies/

elsien

The Shelter guidance which is a little bit clearer, does seem to indicate that changing from a joint to a single tenancy after a tenant dies will count as succession.
https://england.shelter.org.uk/professional_resources/legal/renting/succession/succession_to_secure_flexible_and_introductory_council_tenancies#title-1

You might want to check with your local council now to see if there’s any flexibility, rather than when anything does happen to your mother. 

But the Shelter guide does say “ It has been argued unsuccessfully that the rule allowing only one succession unlawfully discriminates:[19]

• against a child of joint tenants who will not be allowed to succeed because one tenant has survived to the tenancy compared with a child of a sole tenant who can succeed”

  Which unfortunately seems to fit your situation.

KxMx

Yes those circumstances count as succession, usually only one succession is allowed.

The Council may offer you a new tenancy in  a suitably sized property, which would be one bedroom. This isn't guaranteed. 

The both of you speaking to your housing officer to discuss what will happen in terms of your mothers specific tenancy, might be useful.