Council Tenancy: Rights To Succession?

[VenalWinfrey]

On a similar note to a previous post I made here, I am currently trying to help my friend and neighbour out, following the death of his common law partner. She died some days ago.

The deceased was the sole tenant of a council property. Her partner (they were previously separated, then reconciled more recently) had come to care for her during the past year when she fell ill. Thus he had effectively moved into the property to be with her. However, he was never declared as such. On the council register, the only person declared at the address was the deceased.

He (the surviving partner) is now extremely concerned that he will be moved from the property, since he does not appear on the tenancy.

I have checked with the council about succession possibilities. It would seem he needs to write a letter to them within 28 days of the death, if he believes he has a case.

I am obviously going to help him draft a letter, however I would guess it doesn't look too good for him being able to continue in the same property. I have tried contacting Citizens' Advice Bureau several times now but can never get through.

Does anyone either have any advice for me on this, or know of any helplines that we might be able to call, to advise us how best to make his case? The man is in his 80s, and quite distressed enough at present, with this loss of his loved one. So I'm trying to help with this. If there is any way we can keep him where he is that would be marvellous.

Thanks in advance for any help/suggestions!

[EcclesCake]

I would try Age Concern, they will be able to give some advice.

[bednobs]

oh dear i'm sorry i don't know the answer, but you might find that the single person's discount for council tax will ahve to be paid back from the estate. Does the surviving partner have anywhere else to live? Where was he/she living a year ago?

[Buenchico]

I note this sentence from your post:
"Her partner . . . had come to care for her during the past year when she fell ill"
From that, it's not entirely clear how long here partner had been back in the house. If he'd been there for at least a year (or is prepared to say that he was) he may be able to succeed to the tenancy. Otherwise he's probably got no valid claim. That's based upon reading this on the Shelter website:
http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights#1

Although Shelter is often thought of as a charity helping those who are already homeless, it also does a great deal to help and advise anyone who is at risk of losing their home. If you scroll up to the top of that page, you'll find a helpline number which might be of use to you.

Chris

[arwyn]

It depends on 1. What size the property is. 2. Where did he live when they were parted. 3. Has he anywhere else to go. 4. Did the council know he lived there before they split up, you said the council did not know he was back...
You dont need both names on the rent book but they need to know who lives there. Also was she claiming that she lived alone, if so as bednobs said they will want the money back..

[VenalWinfrey]

He has been there roughly a year. I am sure he would be happy to say he has been there just over a year.

The property is a three-bedroom house, and that is in part why I think the council will take it back. Given the lack of available housing stock, etc.

I have just spoke to Age UK on this, and they've advised me to write to the council concerning the succession, make his case as best we can, and then await a decision. She's implied, however, that they will most likely rehouse him, rather than let him stay there.

Thank you all for your suggestions!

[slyvixen]

i would say this will be difficult if the council were not aware that he was in the property. there may be money owed in council tax etc. you could ask them nicely if they would allow him the right of accession instead of succession. the difference (i think) is in accession they will may re-home him to a smaller property instead but thats only if they agree good luck

[Anngel]

We had this happen with my mother-in -law. We moved in in June to take care of her. She died in August. This was about 30 years ago though. As we were not showing on the electoral register we were not allowed to stay. Very sad for this caring man. Although, presumably, he will be found other accomodation?

[boxtops]

He might not be eligible for council re-housing, though, if he's not currently registered as a council tenant - there may be others ahead of him on the waiting list. IMO.