Council Tenancy - Immediate Help Needed

C.Fraser · 17 May 2018 at 10:19PM

Hi,
I am not sure this is the correct place to post this so I am just throwing it out there and hoping for the best.
I have lived in my current home (Two bedroom) for some 15+ years with my Grandmother and I am unfortunately stuck on benefits (ESA) due to mental health issues and unbeknownst to me I was never put on the tenancy agreement. My Grandmother is currently in hospital and once released will go into social care and one person working for the council is telling me that I will be kicked out as I have no rights to stay and another is telling me that once the tenancy is released they will help me with benefits and in anyway they can to find me a new one bedroom flat/home. I do not know what legal rights I actually have in this situation and I am getting so much conflicting information my head is spinning with stress and fear of being kicked out of my home. The tenancy release will be signed tomorrow (18/05/2018) And I fear that once that happens I am effectively a squatter in the home I've lived in for almost two decades. Any help or advice would be greatly appreciated!
Thank you for taking the time to read this and for any information or helpful advice you may be able to offer.
Regards.

[Deleted User] · 17 May 2018 at 10:31PM

Get some free legal advice from shelter in the morning
https://england.shelter.org.uk/get_help

bigbill · 17 May 2018 at 10:44PM

Put it in joint names ASAP then once done she gives 4 weeks notice to leave, result your now the sole tenent.

Do not let her give it up until this is done.

pmlindyloo · 17 May 2018 at 11:01PM

bigbill wrote: »

Put it in joint names ASAP then once done she gives 4 weeks notice to leave, result your now the sole tenent.

Do not let her give it up until this is done.

I think it is better to telephone Shelter about this.

Your suggestion involves getting the council to agree to put the tenancy into joint names ( they may not agree to this).

More importantly the OP would then be subject to the bedroom tax when the grandmother moves to a care home - not a good idea when on benefits.

OP, when you telephone Shelter make sure you have your gran's tenancy agreement to hand as Shelter might need information about the start date and what the tenancy agreement says.

45002 · 18 May 2018 at 8:58AM

bigbill wrote:

Put it in joint names ASAP then once done she gives 4 weeks notice to leave, result your now the sole tenent.

Do not let her give it up until this is done.

You cannot just add people to a TA unless LL agrees.

OP, Telephone Shelter as advised.

.............

elsien · 18 May 2018 at 9:08AM

You need to check the type of tenancy, when it started etc as a starting point.
Then phone shelter.
https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy

You may also find it helpful to gather evidence for your mental health issues. Do you have a care co-ordinator, CPN or psychiatrist who could verify how your condition impacts on you? The help you may be offered will depend on whether you are classed as being vulnerable in some way.

tboo · 18 May 2018 at 11:33AM

C.Fraser wrote: »

Hi,
I am not sure this is the correct place to post this so I am just throwing it out there and hoping for the best.
I have lived in my current home (Two bedroom) for some 15+ years with my Grandmother and I am unfortunately stuck on benefits (ESA) due to mental health issues and unbeknownst to me I was never put on the tenancy agreement.
My Grandmother is currently in hospital and once released will go into social care and one person working for the council is telling me that I will be kicked out as I have no rights to stay and another is telling me that once the tenancy is released they will help me with benefits and in anyway they can to find me a new one bedroom flat/home.
I do not know what legal rights I actually have in this situation and I am getting so much conflicting information my head is spinning with stress and fear of being kicked out of my home.
The tenancy release will be signed tomorrow (18/05/2018) And I fear that once that happens I am effectively a squatter in the home I've lived in for almost two decades. Any help or advice would be greatly appreciated!
Thank you for taking the time to read this and for any information or helpful advice you may be able to offer.
Regards.

If you were on the tenancy then HB - if applicable - would be affected but that's another story.

You may have succession rights - this may be an avenue to go down, so speak to the LA or CAB but if the property is a 2 bed OAP bungalow then they possibly won't let you stay in it any way - as per the OPs remarks from staff it seems likely this is the case.
Also as this will have been looked at when they were told your grandmother was no longer there it seems likely you don't have succession rights.

bigbill wrote: »

Put it in joint names ASAP then once done she gives 4 weeks notice to leave, result your now the sole tenent.

Do not let her give it up until this is done.

As said the LA has to agree to make any tenancy joint, they will probably refuse at this late stage.

System · 19 May 2018 at 6:49AM

They would not want to make you homeless , so will probably do the 2nd option mentioned to you help you find a one bedroomed flat . If they do turf you out you need to go your local Homeless Welfare section and they may be able to provide temporary accommodation. Do contract shelter as mentioned above .

dippy3103 · 19 May 2018 at 7:19PM

You need proper legal advice from someone that has had sight of all the documents.

Council Tenancy - Immediate Help Needed

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