Went to look after my sick mum and squatters broke into my council flat.

RHemmings

I haven't got anything useful to say that hasn't already been said. But, can I just say that this sounds absolutely awful, and I hope that things improve soon and there are no more break-ins. 

deannagone

You could possibly try and contact your councillor or MP (councillor probably best idea) to see if they will get Housing Department moving with more suitable protection for your property.  I realise a comment on here doesn't take into account the safety factors and how your property has been left after the first squatters. BUT giving up that property and moving into your mothers will leave you at risk of homelessness unless you have recorded contact with your mother's housing dept and social services to approve this idea and what will happen if for whatever reason your mother no longer needs her property.

HampshireH

Do not delay in calling the police. You need this crime number to add to the last one. Do not delay report it.

Put a formal written complaint into the council about how they have handled the security of the property since you returned from your mum's. Do this tomorrow.

If you are unable to return due to risk of needle ask the council for help. Explain that their inability to deal with squatters above in their void has put you are risk and unable to return until it is safe to do so. In writing explain your fear of them returning every time you leave the flat. Tell them you currently can't return due to

- fear of the squatters in their void property
- break in at yours leaving needles
- fear of a break in when you are there or when you leave
- unable to adequately secure the property as proven by the 2nd break in.

You are entitled to leave for a week or 2 (usually up to 30 days but your tenancy will confirm)

If you decide to give up your tenancy (which I don't recommend) then you need to make sure the council don't charge you to do the work in your flat which is why the above is Important.

In relation to your mum's tenancy. Unless she has already succeeded the tenancy it is odd for her to have no succession rights on her tenancy. Double check this - succession of a tenancy is not the same as keeping her flat. It's the entitlement to somewhere to live that's important. Successions usually allow for up to 1 extra bedroom before making people downsize but that will depend on the council's policy. Without knowing the borough we can't check it.

If you have already put your notice in with your council then they don't have to accept a retraction so you need to mitigate your losses and ensure you aren't billed for the damage and clean up

Lver1210

HampshireH said:

Do not delay in calling the police. You need this crime number to add to the last one. Do not delay report it.

Put a formal written complaint into the council about how they have handled the security of the property since you returned from your mum's. Do this tomorrow.

If you are unable to return due to risk of needle ask the council for help. Explain that their inability to deal with squatters above in their void has put you are risk and unable to return until it is safe to do so. In writing explain your fear of them returning every time you leave the flat. Tell them you currently can't return due to

- fear of the squatters in their void property
- break in at yours leaving needles
- fear of a break in when you are there or when you leave
- unable to adequately secure the property as proven by the 2nd break in.

You are entitled to leave for a week or 2 (usually up to 30 days but your tenancy will confirm)

If you decide to give up your tenancy (which I don't recommend) then you need to make sure the council don't charge you to do the work in your flat which is why the above is Important.

In relation to your mum's tenancy. Unless she has already succeeded the tenancy it is odd for her to have no succession rights on her tenancy. Double check this - succession of a tenancy is not the same as keeping her flat. It's the entitlement to somewhere to live that's important. Successions usually allow for up to 1 extra bedroom before making people downsize but that will depend on the council's policy. Without knowing the borough we can't check it.

If you have already put your notice in with your council then they don't have to accept a retraction so you need to mitigate your losses and ensure you aren't billed for the damage and clean up

This was very helpful, thank you. I called the Police and have a new crime number and I will send a complaint out tomorrow.

I checked the council website and it says  I need to request permission if I plan to leave my flat temporarily for more than 30 days. I was away from the flat from the start of August and was there on the 13th with the police. There is also an option to request permission for temporary absence if I plan to away for  more than 30 days and a health and safety option is listed as one of the reasons which my situation with the squatters should fall under.

The site also has a section you can click through if you want to give notice to end your tenancy, but I didn't click this. I went through their contact portal to make a request for them to check into ending my tenancy and any possible transfer or succession that might be possible for my circumstances. It was then tagged for Tenancy Management/Support by them and sent to the "Exceptions Team".

My mum is in Hackney and she had the original secure Tenancy in her name about 6 years ago. It's very difficult to find up to date information online from them after their website was hacked.

Ratkin007

Sorry for the situation you find yourself in. In terms of you moving, the difficulty is that it is 2 separate council's. Your mother's council does not have any duty to you. In terms of successions, that is covered by legislation. You would also need to check your mother's tenancy agreement to see who qualifies dor succession.  If your mother was granted a sole tenancy and it has always been a sole tenancy then there would be a right to succession. However, as her child you would need to have been resident for 12 months before you would be able to qualify, if her tenancy allows it. It may be that only a spouse has the right.  Whilst you have your own tenancy, you would not be able to claim residence at your mum's.  Tenancy succession happens when the tenant dies. Therefore if your mum moved into sheltered or care, there would not be a tenancy to succeed. 
https://hackney.gov.uk/making-changes-to-tenancy 
There is information about transferring a tenancy but not sure that would be an option.  There is also a section that provides information on lettings.  I'm not sure you would get very far with your council referring you to your mother's council, but guess it is worth a try. Another option that may be worth exploring (when things are sorted with your property) is mutual exchange.

anon_2020

I would suggest involving the police and framing this as a cuckooing issue, ie tell them that drug dealers have taken over your flat against your will. Evidence of drug paraphernalia is likely more than enough to sell this to the police and I believe they will prioritise this sort of incident.

Lver1210

Just wanted to thank everyone for their advice as it really helped and provide an update. Both flats had all squatters removed and have been secured properly by a private vacant property company hired by the council. The housing officers still haven't been in touch over assistance in clearing up the flat despite several urgent requests from other departments for them to do so, but they've been told they have to assist.

I wouldn't be able to succeed my mums Hackney tenancy as it's a post 2012 one and only partners are allowed to succeed those. With regards to a carer being offered a discretionary tenancy for giving up theirs, the guidelines suggest it must have been given up for at least 5 years before a new one would be offered. They are still looking into that though.

Also thanks to those suggesting I don't give up my tenancy. Wasn't thinking clearly at the time and would probably have really regretted if I did without having anything else secured first.