Gran only on rent, how to avoid being rehomed

longwalks1

Asking on behalf of a good friend I’ve known for 40 years. 

He’s 42, and lives with his mum (60 years old), and his gran (mums mum) in grans council house.  His mum is pretty much a carer for his gran.  Gran was first to move into it when it was built 85 years ago.  Only home the family have known. 

Gran has recently had health problems and he knows she hasn’t got years left.  Gran is the only person named on the rent.  Not his mum, who’s lived there all her life as well (60 years). 

He’s been told by a few friends that when the time comes and his gran sadly passes, he and his mum will be re-housed fairly quickly and potentially not in the same village/town they currently live.  

We’ve seen this happen recently in the same village when an elderly resident was moved out of her lifelong home after her husband passed away at 80 years old. 

I’ve said to him his mum should look into staying in the house if she can and they want to, but it feels like she’s already resigned to the fact they will be rehoused when the time comes, due to hearsay and what others have said.

Is there anything his mum can do, to possibly secure the family staying in the family home?  

Any advice or help greatly appreciated. 

Brie

Talk to the council and if that gets them no where then talk to Shelter as they may be able to advise on how to stay where they are.

This helps to point in the right direction.....Succession to a tenancy - Shelter England

Bookworm225

was gran really the tenant from when it was first built 85 years ago as that would make her approaching 105 years old
did she in fact take over the tenancy from her own parents?
was grandfather ever on the tenancy?

importantly, is this still an actual direct council tenancy or is it now via a housing association ("social landlord")?

If still council, she is probably a "regulated" tenant which is important as that carries rights that are no longer available to more recent tenants, most importantly it still allows a tenancy "inherited" from someone else to passed on to a family member 

you need to take advice from people who really know this stuff as it can be quite complex, try talking to Shelter

Regulated tenancies - Shelter England

theartfullodger

Which country -- eg Wales,NI?? Different laws/regulations.

When you read - carefully - the tenancy naming gran (yes?) what did it say about succeeding to tenancy and by whom, please|??

Who has been paying the rent & how (eg bank standing order or cash???

Different tenancies, different rules.

Alderbank

To be fair, OP doesn't say that Gran was the tenant, only that she moved in 85 years ago.

I assumed that she was a small child and the tenant was her father (or more likely her grandfather in those times).

However I would challenge that new council houses were being built anywhere in 1940. All housebuilding had been suspended at beginning of WWII, both the labour and the materials were commandeered for more urgent needs. Even the (so-called 'temporary') pre-fabs didn't first appear until 1945.
Where I grew up, the Council didn't re-start building Council houses until mid 1950s, about 70 years ago.

lincroft1710

Alderbank said:

To be fair, OP doesn't say that Gran was the tenant, only that she moved in 85 years ago.

I assumed that she was a small child and the tenant was her father (or more likely her grandfather in those times).

However I would challenge that new council houses were being built anywhere in 1940. All housebuilding had been suspended at beginning of WWII, both the labour and the materials were commandeered for more urgent needs. Even the (so-called 'temporary') pre-fabs didn't first appear until 1945.
Where I grew up, the Council didn't re-start building Council houses until mid 1950s, about 70 years ago.

In my home town, council houses were built until the late 1930s and then a few pre--fabs in late 1940s, then large council house building programme 1950 to 1955. But the council were still housing tenants in former POW camp 1945 to 1960  

KxMx

You can in some circumstances inherit the tenancy but not a property. 
I appreciate that is their lifelong home but the property belongs to their landlord. 

Presumably after Grans death they will be under occupying? 
If so please consider there are families with children in homeless accommodation (often a bed & breakfast room) who are in desperate need* of an adequately sized permanent home.

They need that scarce resource much more than your friend and his mum.
They should do the right thing and seek a smaller home if inheritance of tenancy is possible.

Those downsizing are in a stronger position to hold out for somewhere they are happy with as opposed to settling for the first property offered.

*My family (1 adult 2 children) found ourselves homeless due to domestic violence many years ago. We were lucky - ended up living with family (2 adults) in a two bed bungalow for a couple of weeks then went into a private rental (2 bed), before being given a HA home (3 bed) some years later.

Many years after that following a period of under occupying (as part of a long term plan), one of two remaining adults went into a ground floor flat with a new tenancy, the other into sheltered housing.
We were glad to know our previous home would be fully occupied again with a family in need. We were given a 3 bed home when we needed one, and were pleased another family were being afforded that opportunity. Now a family with 4 children live there. 
Had it not been the plan to separate we would have downsized into a 2 bed. 

theartfullodger

KxMx said:

You can in some circumstances inherit the tenancy but not a property. 
.................

Er, don't think so, no.  My late brother died intestate a few years ago.. : Myself & my sister inherited his estate which included his house (hardly touched since 1971...)

Many many people inherit properties, most often through wills. 

Or am I daft yet again... 

KxMx

OP's friend is in social housing, and it is in that context I gave my answer 😊

Jude57

theartfullodger said:

KxMx said:

You can in some circumstances inherit the tenancy but not a property. 
.................

Er, don't think so, no.  My late brother died intestate a few years ago.. : Myself & my sister inherited his estate which included his house (hardly touched since 1971...)

Many many people inherit properties, most often through wills. 

Or am I daft yet again... 

I doubt that the property you inherited from your late brother was a Council house, which is the subject of this thread. And yes, Council/social housing tenants can, in some circumstances, inherit the rights of the deceased's tenancy but not the property previously occupied by the deceased, in the case of under-occupancy for example. 

Marcon

Bookworm225 said:

was gran really the tenant from when it was first built 85 years ago as that would make her approaching 105 years old
did she in fact take over the tenancy from her own parents?
was grandfather ever on the tenancy?

importantly, is this still an actual direct council tenancy or is it now via a housing association ("social landlord")?

If still council, she is probably a "regulated" tenant which is important as that carries rights that are no longer available to more recent tenants, most importantly it still allows a tenancy "inherited" from someone else to passed on to a family member 

you need to take advice from people who really know this stuff as it can be quite complex, try talking to Shelter

Regulated tenancies - Shelter England

If you read the link you've given, it starts with the following, which seems a bit at odds with your comment that 'if still council...':

Regulated tenants have strong rights.

You probably have a regulated tenancy if:

• you pay rent to a private landlord and

• your tenancy started before 15 January 1989