Succession Of Tenancy

[Honeybadger20]

I wonder if anyone can help. My friends mother has recently passed away. They live in a council house which was originally a joint tenancy between my friends mother and father. The father passed away and the tenancy was transferred to the mother which they classed as a succession. They said a sole tenancy wasn’t drawn up and a signature was not required. The original joint tenancy was dated 1990 and the transfer to the mother took place in 2006. My friend has taken over paying the rent and council tax yet the council are saying she has no rights over the property which she doesn’t want, she has lived there for 30 years and was a carer for her mum as well as working. She doesn’t have money for a deposit on private rented accommodation yet the council are saying they will evict her and only then will they assist her with finding housing? She has 30 years worth of stuff to clear from the house but also needs to keep some of it for herself when she has to leave. Does anyone have any suggestions as to where she stands with this situation, can the council chuck her out without helping her if she doesn’t have sufficient funds to find her own alternative accommodation?

[saintpeter48]

I've just been through the same thing with my local council, the in-laws lived in the same council house since 1953, mother died 5 years ago and dad died 2 weeks ago, council say the on mothers death succession was passed to dad, now that he has died the council want the property back, even though my daughter, (their grandaughter)is on the council list, lives in a 2 bedroom place with her husband and 2 young children AND my ex, 67 years in the same house counts for nothing according to the council!

[bednobs]

usually succession of tenancy can only happen once. On the face of it your friend has no rights, and will have to make an application to go on the waiting list herself

[davebro]

I dunno why they are refusing - on the info supplied it would seem that she has the right to succeed to the tenancy:

https://england.shelter.org.uk/professional_resources/legal/renting/succession/succession_to_secure_flexible_and_introductory_council_tenancies#title-1

[davebro]

sorry - down to the "Only one succession rule" !!

[davebro]

didn't scroll down

[Honeybadger20]

Thanks for the replies, I have done some research and it appears that only 1 succession is allowed, i questioned it as the housing officer stated that no sole tenancy was issued for her mum and that it was a transfer, but I’m assuming they class a transfer as a succession. Just seems unfair that after 30 years of living there and my friend paying the rent etc she has no right to be allocated a smaller property and an eviction served on her, all she wants is to be offered an alternative place to live that is adequate in size for her but they said they won’t help her until she is evicted! So cruel, she hasn’t even had her mums funeral yet and they are putting all this on top of it all

[bednobs]

I know this doesn't help your friend in the slightest but it might help other people u suppose. She has had 16 years to sort it out. She needs to converse with the housing dept and make her own application now.

[bobbinwales]

Was she actually living there though or was it like a subletting of a private flat. as far as the council are concerned the house was provided for your mum and the contract was with her and she was the one they collected the rent from. Its just the same with a private rented flat as far as I can see. Harsh yes but thats how it works,= otherwise people could claim all sorts and council houses could be kept by famlies and friends for ever, it needed to be sorted out and mums friend should of had her name down maybe 30 years ago

[Honeybadger20]

My friend was living with her mother and registered at the address for 30 years, she also paid full rent and council tax on the property