Succession on a pre 2012 tenancy

flashdance43

Hi all,

I lived with my grand father on and off since 2018, and permanently since October 2023.

In December 2024 he passed away. I was on the rent book, and me living here took into account housing benefit etc... .

I believe I have a right to succession on this basis, it was a 1 bedroom flat and I slept on the sofa. 

I gave the forms into the council last week, and they told me I should hear within 36 weeks. 

Can they make me move out?

I'm obviously very anxious about this!

I understand it to be 'statutory' so under law it has already happened and they need to process it their end?

Thank you!

marcia_

flashdance43 said:

Hi all,

I lived with my grand father on and off since 2018, and permanently since October 2023.

In December 2024 he passed away. I was on the rent book, and me living here took into account housing benefit etc... .

I believe I have a right to succession on this basis, it was a 1 bedroom flat and I slept on the sofa. 

I gave the forms into the council last week, and they told me I should hear within 36 weeks. 

Can they make me move out?

I'm obviously very anxious about this!

I understand it to be 'statutory' so under law it has already happened and they need to process it their end?

Thank you!

Find and read the housing association policy but so long as your grandad didn't succeed the tenancy from someone else, your grandma for instance, you should be allowed to take on the tenancy 

flashdance43

Indeed, no succession has taken place. The tenancy started in 1975. The property has been adapted, a bath removed and shower installed, but it is not a step free property (basement) so I don't think this will be an issue?

RAS

None of us can know as we would not be making the decision. I'd suggest contacting Shelter if you don't get the result that you want. 

theartfullodger

Look up succession on shelter's website for THE TYPE OF TENANCY that it was.  Rights vary - by country (eg Wales, NI..) and by tenancy type at least.

Who/what is landlord?

When you asked if landlord if you could succeed what did they reply, please?

flashdance43

It is a secured tenancy. 

Kensington and Chelsea Council.

They said, they would pass it to their fraud team and then the area team for final checks and cannot comment until these have been done. 

I've asked about paying rent etc in the meantime, but they have said I need to wait until a decision is made.

Further, my 12 month parking permit expires at the end of the month and they have said I cannot renew it as the original tenant (my GF) cannot sign the form so I need to find alternative arrangements to park. 

I feel this is going to be a black hole.