Advice Needed: Denied Succession of Tenancy

kodiplod

Hi everyone,

I’m looking for advice after being denied the right to succeed my late mother’s tenancy. Here’s the situation:

• I moved in with my mum in June 2022 to care for her.
• The tenancy is with A2 Dominion, and their agreement says only a spouse or partner can succeed the tenancy.
• My son had asked for me to be added as a joint tenant in June 2022, but this was never actioned by A2 Dominion. I have proof of the request. I have heard that they no longer offer joint tenancies anymore unless there is a partnership.
• A2 Dominion has now issued a Notice to Quit, asking us to leave by 22nd January 2025.

Key points:

• It's been my main residence for over 18 months, I have cared for my mum, and looked after the home.
• I still hold a private rented tenancy at another address however this is ending due to the owners of the house wanting to sell. My daughter and I now face homelessness, which is adding to the stress of grieving for my mum.
• According to the tenancy, A2 Dominion has discretionary powers to grant a tenancy in exceptional cases, but they’ve denied my application completely and haven't even mentioned about the discretionary powers.

Questions:

1. Should I contact my local council, and how can they help in this situation?
2. Can I challenge A2 Dominion’s decision, especially as they failed to make me a tenant despite my request?
3. Is it worth seeking legal advice or appealing based on exceptional circumstances?
4. Has anyone been in a similar situation and had success appealing to a landlord’s discretion?

Any advice would be a huge help. Thanks for reading.

pinkshoes

You temporarily lived there for 18 months and have no right to succession.

Focus on your own home. A LL can't just end a tenancy so you will have plenty of time to find something else.

FlorayG

You don't hold a tenancy in your mother's house, sorry to say. The tenancy is with the person who signed the agreement, so you have zero chance of arguing that point. It's certainly worth asking them about discretionary tenancy because clearly once you are out they will re-let it so they might as well re-let it to you and save themselves the hassle of redecorating and marketing it; however this will be a NEW tenancy and so the rent may well be increased. So try asking them if they will let it to you (citing all the advantages in that to them) rather than trying to argue that you should succeed the current tenant.
As for appealing I think also zero chance, because as of today you DO have somewhere else to live. The fact that your LL wants to sell it is irrelevant