Council Tenancy after mum died

jackspade · 21 November 2019 at 9:04AM

Im 36 and have been living with my parents in a Hackney council place since birth. They had a joint tenancy and it passed to my mum in 2013 when dad died and my mum has also recently passed away and im extremely stressed about what is going to happen to me.

We did inquire about the tenancy after my dad died but Hackney replied that it could not be passed to me as my mum automatically succeeded, however I would be able to apply for a "discretionary succession of tenancy" but they did not say what would happen if that application was declined.

Im currently working and have a small pot of savings, no partner or children. Ive been reading some horror stories online of other people in similar situations and it seems the council are likely to just force you to leave.

Exactly the same thing happened to another resident in our block of flats last year to a guy I knew but the council apparently found him a place to live although I dont think he was working or had much savings ( on benefits )

I have also been told anecdotally by people in real life that the council tends to find you a place to live rather than trying to make you homeless but this doesnt tally with some of the stories ive read online.

I haven't directly told the hackney housing yet but I used the governments "tell us once service" which states they will tell everyone.

Does anyone have experience in this area or would be able to offer some suggestions?

Just want to add I was my mum's carer in the last year while she was battling terminal cancer, although I was still able to go to work she could look after herself while I was at work but I had do everything once I got home.

Caz3121 · 21 November 2019 at 9:15AM

succession covered here
https://hackney.gov.uk/making-changes-to-tenancy

elsien · 21 November 2019 at 9:24AM

Check out 7.32 in their lettings policy. If you have lived there continuously for the last 10 years you may well be covered by their discretionary policy.

Howeve I would suggest making an appointment to talk to a housing officer face to face rather than relying on the tell us once service. They don't know
your circumstances and whether you want to stay or not so are likely to end the tenancy fairly promptly unless you request otherwise. They are obliged to give you information and offer some support if you are at risk of homelessness but that doesn't automatically mean finding you somewhere else: that would depend on their individual circumstances.
If you apply for a discretionary tenancy but don't get it, contact Shelter to see if you can argue the decision.

AdrianC · 21 November 2019 at 10:05AM

jackspade wrote: »

Im 36 and have been living with my parents in a Hackney council place since birth. They had a joint tenancy and it passed to my mum in 2013 when dad died and my mum has also recently passed away and im extremely stressed about what is going to happen to me.

We did inquire about the tenancy after my dad died but Hackney replied that it could not be passed to me as my mum automatically succeeded, however I would be able to apply for a "discretionary succession of tenancy" but they did not say what would happen if that application was declined.

If it's declined, then you'll need to move.

Im currently working and have a small pot of savings, no partner or children.

So straightforward for you to move to private rented accommodation - or even consider buying - and allow somebody else to have the benefits of the social tenancy that you've always had; somebody who doesn't have the freedom you've got, and needs the social tenancy more.

I haven't directly told the hackney housing yet but I used the governments "tell us once service" which states they will tell everyone.

The longer you leave it, the less likely they'll apply any discretionary sympathy to your case.

tacpot12 · 21 November 2019 at 11:08AM

Using the Tell Us Once service is not going to work in a situation that needs the council to exercise their discretion. Please let us know how you get on when you approach them.

Best wishes

Cakeguts · 21 November 2019 at 12:25PM

I would think that they will probably find you somewhere else to live that suits a single person. I am assuming that where you live now has at least two bedrooms so would be suitable for a homeless family like your family once was? As you know housing in London is in very short supply so it would make sense to the council not to have a single person living in housing that is actually too big for them.

[Deleted User] · 21 November 2019 at 12:49PM

I agree with all the advice the OP has been given, but just wanted to add it may be worth telling the council why you were still living with your parents. Especially if it was to do with any health problems of your own or because you were a carer for one or both of your late parents, either option may strengthen your case for rehousing.
This happened to me the early 1990s, when adult children could still succeed to council tenancies, as I'd returned to my mum's council home to care for her for the last three years of her life. But even though they couldn't force me out at that time I agreed to move from the two bedroom flat to a studio flat as it seemed a fair and reasonable thing to do.

TBagpuss · 21 November 2019 at 1:54PM

I'm sorry for your loss.
As others have said, I don't think you should rely on the 'tell us once' service - you ned to contact them proactively to make surethatthey are aware that you are living there, and would like to stay, and to ask them to exercise their discretion to allow you to suceed to the tenancy.

How big is the property? They may be unwilling to exervcise the discretion in your favour if the property is larger than you need, particualrly if it is of a size or type for whichthere is high demand, but they may, in that case, be willing to work with you to find you alternative accommodation of a size suited to you as a single person.

In the mean time, it would also be sensible for you to be thinking about other options in case they don't chose to use their discreition ion your favour. If your savings are n't enough for a deposit to buy your own place, consider looking into options for shared ownership (paert buy, partt rent) or private rented accommodation.

TBagpuss · 21 November 2019 at 2:00PM

Just to add, when you request the discretionary sucession, refer directly to their own policy and quote the wording which applies to you, and be prepared to provide evidence of your occupation during the past 10 years to show that you met their xritera.

It might also be appropriate to offer to move to a smaller property if they agree to let you have the tenancy, in order to anable someone in need to have the larger proporty.

Sea_Shell · 21 November 2019 at 2:08PM

You say you are working and have a small pot of savings. What are the numbers? I'd have thought this will be crucial to the LA's decision.

Can you afford a private rental? What is your disposable income?

Slithery · 21 November 2019 at 2:59PM

Why do you have to succeed the tenancy?
Can you not just rent privately?

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Council Tenancy after mum died

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