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Tenancy and succession

heather12

I spoke to citizens advice about this and I would like to make sure they are right about this so here it goes.
My mother and father were joint tenants, they divorced she moved out and got her own property so my dad is down as a sole tenant, I live with him and so does my brother.

when he passes away would either my brother or I able to take the tenancy over as I was told a succession is only when someone has passed away not when there’s been a name change (this is what citizens advice told me).

Just to clarify no one has passed away. I just want to know for piece of mind , and how to move forward, thank you

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Comments

Kimi87

It's best to look at the terms of Dad's tenancy and whether succession is allowed, and under what circumstances.

You might also benefit from contacting Shelter.

heather12

I’ve tried to get help , it’s difficult as housing aren’t being very helpful , they asked if succession took place and we don’t think it has , as we been told it’s to do with someone dying which hasn’t happened, I’m trying to get in touch with shelter but they are really busy

michael57

when my mum an dad divorced mum changed the tenancy to her name only my sister was living with her as her helper when mum passed my sister had to vacate as the name change from 2 to 1 on the tenancy when they divorced was classed as the one allowed succession

heather12

I’m sorry that happened, I spoke to shelter I told them they are both sole tenants but I need to look at the tenancy agreement it’s so difficult

Luchia

When your Mother moved out and your father become the sole tenant that it classed as a succession, Any changes to the tenancy(someone moves out, someone passes away etc are classed as Successions to the person remaining).

It’s extremely unlikely the council will allow you or your brother to succeed a tenancy that has already been passed on already unfortunately.

heather12

I got told by citizens advice and shelter that a succession is only when someone has passed away though

heather12

Citizens advice and shelter said it doesn’t matter about a name change, it’s do do with someone passing away, I’m really confused and super worried

Luchia

You would need to speak to the council or look through the tenancy agreement as that information doesn’t sound accurate that you have been given(it might be different from council to council.

I know a lot class any tenancy changes as a succession(E.G when your mother moved out and your father was changed to a sole tenancy that would be a succession).

Luchia

”Only one person can succeed to a tenancy; if there is a joint tenancy the remaining joint tenant counts as succeeded when one moves out and the tenancy changes to a sole tenant”

heather12

yeah I see one person can succeed a tenancy, they are both sole tenants now, own properties each, there has been no succession ie no one has died as when I googled information regarding succession it only mentions about someone passing away nothing about when a joint tenancy becomes a sole tenancy. This is what I got told by shelter and citizens advice when I contacted them

Luchia

You would need to speak with your council as they can class a change from a joint tenancy to a sole tenancy as a succession

Steve_in_The_City

I think what @Luchia says is correct. My late partner was the sole tenant on the rent book. I changed my name. It then became important that for numerous reasons I became a joint-tenant and the council agreed so both our names were on the rent account, otherwise I could have been kicked out. We were together for 47 years but not considered a couple (both of us being males). When he died we were living in a spacious 2 bed flat that was officially a 4 person residence. They stopped his housing benefit and I had to pay £64 per week to keep the rent account sweet. I was only getting £97 benefits a week thereabouts so it was difficult. Then they lumbered me with the 2nd bedroom tax, about £17 per week I think. Then I succeeded the tenancy. It can only be done once in the event of death. It makes sure you can stay in your family home when a joint-tenant dies. HB were great. They backdated my HB to the time of my partners death, so I owed no money. The Council gave me DHP for over 2 years before they moved me to a 1 bed flat. I do think it is important that you and your brother make moves to become joint-tenants with your dad, that way you will be secure. If you are not on the rent account you may have no rights to continue to live in your home.

heather12

at the moment we are down as non dependents , have lived with him for 12 years, but will try and work it out thank you

Kimi87

It's not that simple I'm afraid, not all councils allow inter family joint tenancies.

My LA is strictly between partners in a relationship only and it isn't the only one.

Luchia

https://forum.scope.org.uk/discussion/comment/902771#Comment_902771

This is how the majority of councils work, they will allow a partner to become a joint tenants but not family members(children etc), They are even more strict with tenancy and successions now as the housing stock has been stripped away

heather12

@Steve_in_The_City we are down as non dependents if that makes a difference

poppy123456

Mine are one of the few that do allow joint tenants for family members. I live with my adult daughter and we have a joint tenancy, been living here since January 2024.

It won't make a difference that you are down as non dependents.

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