council house tenancy

[obNOXious]

Hi, wondering if anyone can help the family of a friend of mine with some advice please regarding taking over a council house tenancy after someone's death?
The situation is as follows:-
The elderly gentleman who lived in the council house has just died. He took over the tenancy in the 1980's from his mother when she died and lived alone for many years there.
Upon becoming ill and needing care his previous girlfriend and mother of his adult daughter moved in to care for him, along with her daughter.
Since they have been living there for several months and no longer have anywhere else to live, have they got a right to stay in the house and to take over the tenancy as the gentlman did originally from his mother under similar circumstances, or is there something preventing this?
They are a very nice family and are desperatly worried about what is going to happen to them so any advice to them would be very helpful, as this is well out of my field of expertise.
Thanks in advance.

[Ethel]

Where were they living before? What happened to that home?♠

[Barmaid]

I have a feeling that they will not be able to succeed to the tenancy because of the provisions of s87 and 88 Housing Act 1985. (ie deceased had already inherited it and she is not classed as a member of his family). HOWEVER, I think the dates are quite important here. This could well be a protected tenancy under the Rent Acts 1977 (merely because of its age). I would suggest your friend seeks immediate help from the CAB since this area with older tenancies can be quite difficult.

[Ethel]

She doesn't have a right to succession - succession can only happen once, and their has to be a recognised relationship.

A person has the right to take over a tenancy (known as to succeed to a tenancy) when a council tenant dies if he or she is either the tenant's spouse, civil partner or another family member and has been living with the tenant in that house continuously for at least 12 months. However, by law, there may only be one succession to a council tenancy. Therefore if the tenant who has died had already succeeded to the tenancy, the council would be unable to grant a further succession. Nevertheless, this does not prevent a council from granting a completely new tenancy if they choose to do so.

http://www.direct.gov.uk/en/HomeAndCommunity/S ocialHousingAndCareHomes/CouncilHousing/DG_100 22543

[Eve]

She could speak to Shelter to see if they can help her out in laising with the council.

http://england.shelter.org.uk/

[obNOXious]

Thank you all very much indeed, I will pass on all the relevant information to them. I am much obliged:)

[Info Bank]

If the person has left a Will ...IE the house to you ...There is no problems.

Problem would be if There is no Will and others who are entitled to the property want it.

Not the best situation for your friend to be in.

Loosing a friend and there home .

[Barmaid]

Sorry Info Bank but I disagree. If the deceased tenant has already inherited the tenancy from his mother, there is no tenancy to pass on to a relative. Unless there is any protection under the Rent Acts, the tenancy will cease on the death of Noxy's friend's friend.

In any event, a secure tenancy under the Housing Act passes under that statutory regime, which as Ethel has already said, goes to a defined class of relative as long as they were resident with the deceased for 12 months or more. I do not believe a secure tenancy can be bequeathed by Will, it passes by operation of law.

[Info Bank]

My Mistake I read this as an ex local authority house that was bought and paid for being pased onto the person ..

My responce was totaly wrong and Council do not have to exchange the home into your tenancy.

Sorry.