nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

Hi, my name is Sharon131! Will the council evict my brother if my mother passes away?

Sharon131

Hi I'm looking for help. My mum is end of life in council house. My father passed away 12 years ago he's name was the only name on the tenenacy back then so my mum had to get new tenancy under succession my brother has always lived with her but we know that succession is only once. We are really worried the council will just evict without helping he is very bad health. Would be really gratefully for any advice

Many Thanks

Find more posts tagged with

Comments

OverlyAnxious

Hi,

Sadly the council can and probably will evict him. Each council has their own rules though, so you could contact them to ask what usually happens in cases like this. (Don't have to give them names or addresses, just make it a general question).

Personally I'd recommend applying for local Housing Associations for your brother. Council waiting lists are so long that they are very unlikely to be able to offer him any accommodation at short notice.

Kimi87

They may be able to offer him a tenancy, but that doesn't give any rights to the property he will be allowed a one bed only, unless he needs frequent overnight care and gets an appropriate benefit, then he may be entitled to two bedrooms.

[Deleted User]

No formatter is installed for the format not-found

Sharon131

https://forum.scope.org.uk/discussion/comment/1034766#Comment_1034766

Thankyou

Sharon131

https://forum.scope.org.uk/discussion/comment/1034928#Comment_1034928

Hi Passerby

Thank you very much for your advice my biggest concern with this situation is the council state there is only one succession on the tenency.when my father passed 12 years ago my mother had to get new tenency. it’s a 3 bedroom house and been our family home for 48 years just unfortunate that my dads name was the only name on the tenency. Do you think contacting the council now will be helpful my mother is still with us but is end of life and we don’t know for how long. I’m hearing stories from people that are scary and I know councils can be very unhelpful Many Thanks

Kimi87

You should definitely contact the council now to discuss things. That way you are all fully informed and prepared for what will happen.

He will be unable to succeed to the current tenancy and won't be allowed to remain in a 3 bedroom home alone or with an assessed need for frequent overnight care.

There is still a good chance he will be offered a new tenancy (especially with poor health) and can bid on one bed properties (if deemed not to need two). He will be in a strong position as the Council will be keen to regain a family sized home. Waits for a new place will vary from area to area.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1034928#Comment_1034928

I don't know where you've got this information from.

I personally applied to my local Housing Association without any external input and have the option to bid on any property they deem suited to my requirements. Properties change each week.

As was advised, different councils have different rules, so perhaps that is how things work in your area, but it isn't in mine.

[Deleted User]

No formatter is installed for the format not-found

[Deleted User]

No formatter is installed for the format not-found

Sharon131

https://forum.scope.org.uk/discussion/comment/1035046#Comment_1035046

#Passerby Thank you very much for your advice x

lily84

Hi passerby, sorry to jump in on this thread but I was wondering what the situation would be if in housing association property with long term tenancy. Tenancy in mother's name but not in father's, and have adult child living with them. Would they be kicked out of property after mother passes, or can you have a succession tenancy to the next person in a housing association property?

[Deleted User]

No formatter is installed for the format not-found

lily84

Hi passerby, OK thanks. Would the father be first in line for succession of the tenancy then instead of the adult child, or can you choose? Also with regard to succession, does it matter that the father and adult child names not being on the tenancy? . Its 3 bed house.

[Deleted User]

No formatter is installed for the format not-found

lily84

Thanks passerby, that's interesting to know that the father takes priority in any succession rights. I kind of thought he would but wondered if you could choose when one person is much older than the other. If tenancy goes to father, then what happens to the adult child when he passes too?

Im unsure of the tenancy date but I know it's a secure housing association one from a long time ago. What do you mean by a qualifying disability in order to stay in 3 bed under occupied house? I believe both have a lot of health problems. Sorry for all the questions.

[Deleted User]

No formatter is installed for the format not-found

lily84

Hi passerby, thanks for the info, I'm bit confused as to why would they need to contact the council when it's a housing association property though, and how does it backfire on the adult child? Also the tenancy from pre 2000 has not had a succession before.

[Deleted User]

No formatter is installed for the format not-found

WhatThe

lily84 Online Community Member Posts: 52 Connected3:35PM

Hi passerby, thanks for the info, I'm bit confused as to why would they need to contact the council when it's a housing association property though, and how does it backfire on the adult child? Also the tenancy from pre 2000 has not had a succession before

Hi lily, I don't understand why either. Contact the HA, nothing to do with the council any more. Also this from Shelter :

Apply to housing associations

Some housing associations have their own waiting list.

Search online for housing associations in your area and check how to apply on their websites

lily84

Hi passerby, I never knew any of that. All I know is they haven't dealt with the council at all and have not been on a council list. They have always just dealt directly with the housing association although it has changed names over the years so what you say is new to me. It's probably best just to tell them to call the H.A. and just ask them what happens in these circumstances. I agree that its unlikely to be able to keep a 3 bed house though, and more likely the adult child will be offered a 1 bed flat or something like that. Thanks for the help/input.

Hi WhatThe, I think it's probably best to tell them to call H. A. and ask directly as that way they know exactly where they stand. Thanks.