being forced to leave my home after your mother passes away

loz112233

Hi,

I, currently share a 1bedroom council flat with my elderly mother who holds the council tenancy. A couple of months ago I, had a man come out from the council who told me that the council want to force me out as soon as my mother passes away. He explained that people from the council would come out force entry and force me to leave with notice, they would also force me to leave all my belongings behind including mobile phone and bank cards. So I would be left on the streets in just what I stand up in. I’ve contacted other councils to see if I could move there if this was to happen? Only to be told that they would send me back to where I came from. We have been on homeswapper for 5years now and still no luck. I’m looking for anyone who can offer any advise at all regarding this situation?

thank you everyone.

TheManFromLondon

@loz112233

I am so sorry to read that, and while there is no time for this to happen, near xmas its all to heavy to cope with.

While I am sure people here will offer some advice, please act now and contact your local MP and get advice from Citizens Advice, but your MP should be the one to act fast, even temporary to keep you safe in your property or find you a proper one.

From your post, it is unclear at what state your mother is at the moment, any detail it may help people who can offer some advice to have a better picture of the situation. If its not a heavy subject and you can share the basics, it would help.

I understand your mother is still with us, so your MP may be able to work something out for you to settle before things get to eviction (i am using the best term i can from what i read from your post).

Again, this is a lot, try to deal with it calmly, as humanly possible that is. Try to put all down on paper, explain all the struggles and ask help from your MP.

If you have any disability, please consider speaking to your council (i know, they are who they are, but a different department may be a difference like day and night), and ask help. Keep all contact saved (emails, dates you called, screenshot your calls to have time/date you called and write down all that was said at each call or visit or correspondence).

Please try to feel better, you will look back and it will be a memory, but right now, you need to keep strong.

Let us know how it went when its all done.

Don't worry. Things have a way to work out themselves. Just keep pushing to the direction of your needs.

loz112233

Hi,

Thank you for your kind and encouraging words.

My mother is 82 and not in the best health, I, have contacted other councils outside my area? Only to be told that because I, have no connection with there area I, will be forced to go back to where I came from. This all seems so unfair, and can’t believe I, could be forced to live on the streets with no where to live? Also because this would be an unlawful eviction, it would still look as if I’m living at my address. So I’m just making myself homeless.

Phoenix_Pandora

@loz112233 I'm sure this incorrect as when my sister passed away her adult son gained succession of tenancy where the tenancy transferred over to him and he was able to remain in his home. I know councils sometimes use these scare tactics on those who are unaware of their rights. Obviously not all tenancies and councils/housing associations are the same, so the best thing to do from now is have a read of your mother's tenancy agreement and then take it from there. Also as mentioned above you can contact your local MPs and/or councillors for further help, maybe also get in contact with Citizens Advice Bureau.

loz112233

Thank you for your advise.

Kimmy87

Shelter would be a good organisation to speak to also.

Jane315STARX

This person is absolutely disgraceful to come to your home and say such things.It cannot possibly be true and I imagine if you have lived there for an amount of time should/could have rights to succession.You really shouldn't be subjected to something like this.The stress and emotional pressure is outrageous.I would speak to someone from citizen advice.But in the mean time it just can't be true it's not like you've committed numerous anti social behavior etc etc.So please try not to worry ( easier said than done I know).But get some more advice x

loz112233

I’ve been to CAB and all they can do is tell me that the council have adhere to the law? But when it comes to my council they do not abide by the law, as they have tried this before a young women who used to live next door to us was not using her flat, for about two months when the council turned up out the blue and just chucked all her belongings in one of there vans. And then ended her tenancy.

The same council kept putting eviction notices, on my mothers front door once without taking her to court, in the end my mother got sick and tired of them harassing her that she told to just move her out.

As for Shelter they can’t give good advise either just the same as CAB, but I’ve checked all this out on line and the best I have come up with is, is to record the act and try and get a solicitor that I, can phone at the same time this is the only way to put them off.

In the mean time we need to try and move, and get away from our council.

michael57

i believe a council property tenancy can only be passed down once my sister was living with my mum and dad and the tenancy was a joint one when my father passed the tenancy was changed to mum and when she passed away my sister had to vacate the house

Jacknang

Only way is apply for joint tenancy ,they have to give good reason to reject .photo copy your application get a sinature from hsnding it in. Succsesion tenancies are being done away with with all areas . Good luck

Kimmy87

Not all councils offer inter generation joint tenancies unfortunately.

Mine doesn't, they are strictly for couples in a relationship only.

OverlyAnxious

It is true that the council don't have to allow you to continue the tenancy. But it isn't true that they can force you out without any belongings, I don't know why they'd say that.

Sadly it is also true that you can't move to another council unless you have a connection to the area.

If there's any chance of private renting, that is worth looking into. Other than that, it's probably a good idea to look into local homeless services just in case that becomes the only option and you need somewhere safe to stay. Hopefully it doesn't come to that but best to be prepared as it sounds like an awful situation to be in.

jordan23

https://forum.scope.org.uk/discussion/126120/hi-my-name-is-loz112233-being-forced-to-leave-my-home-after-your-mother-passes-away

It’s unlikely the council would act without due process, and you wouldn’t be left on the streets. Check your legal rights, especially regarding succession or alternative housing options. Contact Citizens Advice or Shelter for detailed support.

Bananas

IMHO, try to find your mums tenancy agreement to see what that says

How long has your mum lived there ? any change in the Housing Association name / company in the time your mum has lived there - she may have protected rights ?