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

You're confusing housing associations, which are generally considered to be private sector entities, though they are regulated by the government and are not-for-profit, with local housing authorities, which are the councils or borough councils, responsible for providing and managing housing within their area. 

Housing Associations do NOT take any housing applications from individual homeseekers at all, unless the latter want to rent, lease, or buy Housing Associations' non-social (private) housing, as HA have private housing in addition to their social housing and affordable housing (which are not the same thing). Neither do they have any bidding system, as they're not allowed by law to advertise their social housing properties or allocate them to individual homeseekers.

Housing Associations allocate their properties to the local housing authorities (councils), which advertise and allocate them through a bidding system to homeseekers.

A housing association tenancy can often be passed down also to an adult child through succession. In other words, a child may be able to succeed to the tenancy, provided the child has lived with the tenant for a certain period (usually a year) as an adult, and there are no other joint tenants.

No, they won't be kicked out, but it depends also on the size of the property or how many rooms it has got.

If the father is married or civil partner to the tenant, or unmarried partner who has lived together with the tenant, his succession rights usually come first before other family members, including the tenant's children, provided he can show that it's his main home when his partner dies.

No, it doesn't matter that their names are not on the tenancy as long as they can show that they've lived with the tenant for at least 1 year, which mainly applies to secure tenancies that started before 1 April 2012.

But the trouble seems to be the size of the property - 3 bed house! The council may treat the property as under occupied, even if both the father and the child agree to stay together at the property, unless one of them can demonstrate that they've a qualifying disability or that an extra bedroom is needed for a carer, usually for overnight stay. 

And if they're claiming Housing Benefit, they may need to justify the need for an extra bedroom.

Tenancy succession is generally limited to only one instance. This means that if the deceased tenant had already been a successor themselves, the tenancy cannot be passed on again, with the exception for Housing Association assured tenancies that started before April 1, 2012, which may allow for further succession in some cases. This would need to be enquired with your local council when the time comes and NOT before the father passes away, as it could backfire on the adult child later.

However, if the father passes away, as we'll all pass away one day sooner or later, it would be very difficult, if not impossible, for the adult child to be allowed to occupy a 3-bed house only for themselves even if they can demonstrate a qualifying disability or the need of extra bedroom, as the home would be considered too big for one person.

According to councils' housing allocation schemes, a single person (over 16) will be allocated a studio (bedsit) or a single bedroom property. 

Having a lot of health problems is not enough in order to be allowed to have an extra bedroom. One has to be disabled and needs regular overnight care from a carer who doesn't live with them, and they must be receiving one of the relevant benefits, such as:

• Attendance Allowance
• the middle or higher rate of the care component of Disability Living Allowance
• the standard or enhanced rate of the daily living component of Personal Independence Payment  
• Armed Forces Independence Payment
• the standard or enhanced rate of the daily living component of Adult Disability Payment
• the middle or highest rate of the care component of Child Disability Payment

They would need to contact the council because it was the council that had provided them with their current property and not their housing association. Although housing associations own the properties they manage, they allocate these properties through a process influenced by the local council's housing allocation scheme. While housing associations have their own policies, they must adhere to the council's rules when it comes to nominations. This means that the council often selects tenants from its waiting list, and the housing association then allocates the properties to those nominated by the council. 

Housing associations do not take any applications from homeseekers for their social and affordable housing. People often use social housing and affordable housing interchangeably, but in fact they're two different things. Housing associations only take applications for their private housing. Housing associations do not provide any social or affordable housing to anyone. No one can rent a social or affordable housing property directly from housing associations. This is the responsibility of local council's housing allocation scheme.

Don't worry about what would backfire. This would not even happen, as the case won't reach that stage due to the fact that the property is a 3-bed house and it may be considered already too big for the father and the adult child, leave alone the adult child adult taking over succession of tenancy only for themselves after the father passes away.

The adult child may need a pack of miracles to be able to take over succession of tenancy after the father passess away, not because tenancy succession is generally limited to one instance per tenancy, but the fact that the property is a 3-bed house.