House swap, and then become named on tenancy?

System

This discussion was created from comments split from: Succession after mutual exchange..

GibbsRule_No3.

Sorry for asking the question on here but it is partly to do with this.  My friend lives with her mother in the old family home, father died a few years ago and two other siblings have moved out. Friend would have liked (obviously!) to have her name on the tenancy with her mother when her father passed but was told no, and that to prove she lives with her mother she should make sure her name is on a utility bill for when her mother also passes. I found that odd as she must be listed as a non-dependent for her mothers rent rebate, I know years ago it used to be reduced by 25%. 

My actual question is, could they do a house swap, two bedroom for the three they now have (it is only two bedroom up and the third bedroom is a downstairs room that is used as a living room, when built in the late 1930's that is how our local councils did the layout. Other friends did have enough to do the RTB) and could she then ask to be a named tenant or would it still be turned down?  She would be able to pay the rent when her mother passes but they cannot afford to buy the house under right to buy scheme, despite the discount her mother would get. They told her that as a single women, no dependents that despite her age (55) they would just make her homeless or find a room for her if she had the utility bill proof.  She has been caring for both her parents.

gelato_cat

GibbsRule_No3. said:

Sorry for asking the question on here but it is partly to do with this.  My friend lives with her mother in the old family home, father died a few years ago and two other siblings have moved out. Friend would have liked (obviously!) to have her name on the tenancy with her mother when her father passed but was told no, and that to prove she lives with her mother she should make sure her name is on a utility bill for when her mother also passes. I found that odd as she must be listed as a non-dependent for her mothers rent rebate, I know years ago it used to be reduced by 25%. 

My actual question is, could they do a house swap, two bedroom for the three they now have (it is only two bedroom up and the third bedroom is a downstairs room that is used as a living room, when built in the late 1930's that is how our local councils did the layout. Other friends did have enough to do the RTB) and could she then ask to be a named tenant or would it still be turned down?  She would be able to pay the rent when her mother passes but they cannot afford to buy the house under right to buy scheme, despite the discount her mother would get. They told her that as a single women, no dependents that despite her age (55) they would just make her homeless or find a room for her if she had the utility bill proof.  She has been caring for both her parents.

I've split this into a new thread so that you and the OP of the original thread can receive your own separate replies.

Ratkin007

Was the father a joint tenant, if so, the mother succeeded to the tenancy which means that the one succession has taken place and there are no further successions.  If a mutual exchange was carried out, I believe the mother would continue to be a successor and your friend's name would not be added to the tenancy.  You may want to check the council's allocation policy to see if there is any provision within that for discretionary successions or allocations for people that have provided care for tenants.  Your friend may also want to consider applying to a waiting list for re-housing to build up waiting time.  

_Penny_Dreadful

I don’t think a house swap would get round the rules of succession. As Ratkin007 points out, if the original tenancy was a joint tenancy with your friend’s parents then it has already been succeeded once when it became a sole tenancy in the mother’s name. In some circumstances a tenancy can be succeeded more than once and if she hasn’t done already your friend needs to get a copy of the council’s succession policy. 

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

gwynlas

If your friend registers herself with the local authority she could build up the right to her own tenancy either before or on her mothers death. Dependent on the pressure on local housing stock she might have to move into a one bedroomed property but it is extremely unlikely that she would be made homeless. The property they are in is probably classed as a two bedroom on paper despite use of living space as bedroom previously.

GibbsRule_No3.

They moved into council property when the three girls were young, so more than 40+ years ago, at that time I wonder if the property would have been in just a husband’s name? Thus transfer to mother when her husband died but middle daughter, aged 55 now (one good thing in her favour, she should qualify for over age properties, if they decide they can rehouse her when her mother passes away) has lived nowhere else since her early teens. Do you know why the downstairs bedroom would no longer be classed as a bedroom? Local council housing stock is under strain, just outside London borough but run by a London Borough HA. I am worried as a lot of head burying in sand is going on and I’m not even sure if she has had a utility put in her name, as they suggested when asking to go on the tenancy. I know she said her mother gets some money off the CT due to her living at home with her, hence they know she lives there, so not sure what a name on a utility proves, unless it is proving her name as living there, rather than AOB? The road once upon a time would have been entirely council but there are probably only about five that remain, the turnover of people they are putting in those when they come up after the old residents pass is not all good.

_Penny_Dreadful

GibbsRule_No3. said:

They moved into council property when the three girls were young, so more than 40+ years ago, at that time I wonder if the property would have been in just a husband’s name? Thus transfer to mother when her husband died but middle daughter, aged 55 now (one good thing in her favour, she should qualify for over age properties, if they decide they can rehouse her when her mother passes away) has lived nowhere else since her early teens. Do you know why the downstairs bedroom would no longer be classed as a bedroom? Local council housing stock is under strain, just outside London borough but run by a London Borough HA. I am worried as a lot of head burying in sand is going on and I’m not even sure if she has had a utility put in her name, as they suggested when asking to go on the tenancy. I know she said her mother gets some money off the CT due to her living at home with her, hence they know she lives there, so not sure what a name on a utility proves, unless it is proving her name as living there, rather than AOB? The road once upon a time would have been entirely council but there are probably only about five that remain, the turnover of people they are putting in those when they come up after the old residents pass is not all good.

The original tenancy could have been in the father’s name only which was then succeeded by the mother. It could also have been a joint tenancy between the parents that was then succeeded by a tenancy solely in the mother’s name. 

I have no idea about the downstairs bedroom. Is it being used as a living room because there’s no other living room downstairs?