Council House Succession Refused - Can I fight it?

hh192

So a bit of back story - My mother passed away at the beginning of December.
Me and my brother lived in several different council houses with her and our father all our lives. Always this has been my mother as the main tenant, and no successions. I think her original council tenancy started before the 90s.
My dad passed away in 2017, and my mother never worked, so me and my brother paid all bills. She had anxiety, agoraphobia, depression and wouldn't eat properly. Essentially over the years she would consign herself to her bed, and then in the last few years her health declined, she was in and out of hospital with COPD, and eventually passed away at 67 at home. In the last year we managed to get carers to visit twice a day. We were never carers.

We applied for succession, but I've just been sent a letter by the council stating non-eligibility specifically due to secure tenancies started after 2012. This is in accordance with the law, because we are not spouses, but children ( we are now in our 30s ) of tenants. They will perform a home visit and assess advice for finding accommodation apparently - when they feel like it. We have been paying rent and council tax as normal for the previous 2 months.

The question I'm asking, however, is given a mutual exchange took place in November 2012, which from moved us from one council moved to another, but the tenancy in another council was before that, can I fight this or not? I have had mixed results searching for information in some places it states the tenancy agreement should not be counted as started after the mutual exchange, but it appears the council does not care. I have letters of new tenancy agreements after 2012, but I also have proof of council letters prior to 2012 from the other council. We mentioned this in the succession application and sent proof, but the housing officer clearly doesn't care.

So what now? Seek advice and fight it, find a place to rent, wait for the council?

AskAsk

i would think not but may be contact CA

Brie

Might be useful to talk to Shelter as well.

BrilliantButScary

Would this be any help?

https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy?gad_source=1&gclid=CjwKCAiA-ty8BhA_EiwAkyoa3yMLX9rLuFTjqQpQjU0dFaxCcmgiMLV5XLLceOER4WLZYISjnTGSCxoC1JoQAvD_BwE

They do have a helpline that you can ring for advice.

My condolences for the loss of your Mum, and I hope you can remain in your current home, if that is what your brother and yourself wish to do.