council house susseding tenancy

[ellieronnie]

my 3 grandchildren have been living with me for 7years and i am their guardian as i have a residence order on them the ages are 18years and 14years and 8years old they are all girls and i am 76years old i would like to change tenancy or add oldest girl to tenancy i have got her a housing form noe she is18 to fill in as she has said she will look after the other 2 children when i am not around how can she have the 3bedroon council property that we all live in i look after the 3 of them on my own hope you have some advice for us thankyou

[Buenchico]

If you have always been the sole tenant of the property (and you did not gain the tenancy through succession yourself), your oldest grand-daughter has to automatic right to succeed to the tenancy. (So you don't have to do anything).

If, however, you gained the tenancy through succession yourself, your granddaughter will not be allowed to succeed to the existing tenancy. (It's important to note that if you were originally a joint tenant with a spouse or partner, and you became the sole tenant upon their death, you've technically succeeded to the tenancy). That, of course, doesn't prevent the council from granting a new tenancy to your granddaughter.

However, there's probably no reason why your local council should object to you changing the existing tenancy to a joint one. It's simply involves filling in a form which you and your grand-daughter will both have to sign.

See here for further information:
http://www.direct.gov.uk/en/HomeAndCommunity/S ocialHousingAndCareHomes/CouncilHousing/DG_100 22543

Chris

[LOZZER1]

The above answer is correct, however even if your eldest grandchild could not succeed the tenancy i dont think your council would throw them out on your death, they would have a duty to house them, so it would make sense they stayed where they are.