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Your grandmother borrowed a house from the council to live in for 40 years. The house has always belonged to the council. You cannot keep something in your family that has always been borrowed from the council. To keep something in the family it has to be owned by a different family member and then bought from them. You can't keep something in a family that you don't already own.
To be fair, I think, once someone in a family owns something it can be "passed down" rather than bought... I also think the OP needs to realise the difference between a council property and Downton Abbey! Highclere (to give it its proper name) would not be still privately owned were its incumbents not in the enviable position of being able to rent it out to film and TV companies.0 -
It's highly unlikely that they have given her 6 weeks.
No tenancy agreement I've seen in social housing works like that.
They may have said in 6 weeks update them and they intend to ask for your nan (Or her power of attorney) to give notice as there is no intention to return home.
Alternatively her social worker may have indicated no intention to return.
Regardless, either she served notice or they do.
They can serve a notice to quit (4 weeks notice) many then make a judgement call as to whether to end a tenancy or follow the legal route based on info they have.
At the end of the day the home is going to have to be returned to the council but whilst there is an intention to return they would need to pursue the legal process to take back possession.
That said it is properly in her best interest if the property isn't suitable to terminate the tenancy as she will continue to be liable for all costs and then any associated legal costs.0 -
On what grounds are they claiming to repossess it?
I've worked in adult social care a long time, including placing people in convalescent units and temporary care home placements. I have only once had the council claim to be repossessing the property, and they were in the wrong. You won't be able to keep it in the family, but you should be able to keep it long enough for her to return home.0 -
On what grounds are they claiming to repossess it?
I've worked in adult social care a long time, including placing people in convalescent units and temporary care home placements. I have only once had the council claim to be repossessing the property, and they were in the wrong. You won't be able to keep it in the family, but you should be able to keep it long enough for her to return home.
I'm curious as to this as well. I was discussing a HA client who is currently in a rehab unit but who will definitely be going home in the next month or so. The social worker said that the HA won't let her go back if it takes much longer than than that.
This threw me, as my line of reasoning was if someone has a tenancy it can't just be terminated without following the correct processes.
Or does social housing have some sort of get out clause as far as ending tenancies when they feel like it? After all HB is still being paid while people are in hospital so they're not building up arrears as a rule.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
The HA can seek possession if a property is unoccupied which is probably what the social worker was referring to though they still have to follow the correct procedure.The social worker said that the HA won't let her go back if it takes much longer than than that.
This threw me, as my line of reasoning was if someone has a tenancy it can't just be terminated without following the correct processes.0 -
Years ago I had an upstairs neighbour in a lovely HA flat who was sent to prison for 18 months. As his rent was being paid during his prison time he retained his tenancy.
Only came back to empty it and serve notice. If I were you I’d double check about this six week deadline from the council.
I hope your grans health improves.0 -
I'm curious as to this as well. I was discussing a HA client who is currently in a rehab unit but who will definitely be going home in the next month or so. The social worker said that the HA won't let her go back if it takes much longer than than that.
This threw me, as my line of reasoning was if someone has a tenancy it can't just be terminated without following the correct processes.
Or does social housing have some sort of get out clause as far as ending tenancies when they feel like it? After all HB is still being paid while people are in hospital so they're not building up arrears as a rule.
HB is only paid for a limited time. After that, arrears tend to accrue and eviction will follow. If the OP is prepared to meed the rental obligation on behalf of his mother, on the understanding that she may return, he may be able to secure the tenancy for longer. But R2B will not apply.0
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