being forced to leave my home after your mother passes away
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.
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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.
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@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.
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Thank you for your advise.
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Shelter would be a good organisation to speak to also.
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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
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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.
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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
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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
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Not all councils offer inter generation joint tenancies unfortunately.
Mine doesn't, they are strictly for couples in a relationship only.
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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.
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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 ?
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I currently live in a one-bedroom council flat with my elderly mother, who holds the council tenancy. A few months ago, a council representative informed me that once my mother passes away, they intend to force me to leave the property. He explained that council officers would come to my flat, forcibly enter, and remove me with a notice. Additionally, I would be required to leave all of my belongings behind, including my mobile phone and bank cards, effectively leaving me on the streets with only the clothes I’m wearing.
I’ve contacted other councils to inquire about moving if this situation occurs, but I was told they would simply send me back to my original council. We’ve been using Homeswapper for the past five years without any luck in securing a move. I’m reaching out to see if anyone can offer advice or guidance on how to handle this situation.
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@Phoenix_Pandora Could you say if your sisters son was a joint-tenant with his name on the rent account? I ask this because I have read of adult children having to leave the family home because they just live there and are not classified as holding the tenancy? My partner was offered the tenancy of a 1 bed flat. He signed the tenancy agreement and I moved in with him. But I had no rights of tenure myself. We knew this could be a problem so we applied for joint tenancy. This was granted and I was classed as a joint-tenant, equally holding the tenancy. When he died I succeeded the tenancy without problem.
@loz112233 See if you can become a joint-tenant. This will mean you cannot be evicted unless you owe rent or engage in anti-social behaviour or have broken your tenancy agreement in some other way.
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@Steve_in_The_City no my nephew wasn't a joint tenant on her tenancy.
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Very. Sorry to here you are going through this,Council's in the UK are becoming a disgrace.
Im a long term carer for my partner and every time get involved with a council I regret it.
Currently Have A good secure flat due to finding a kind and helpfull local landlady..I was lucky,but good private landlords do exist and are a good option if you can find one.
Shelter only deal with ongoing elections these days,sadly I think.
Citizens Advice are usually helpfull if they can be,it may be worth tying them again,sometimes it depends on who you get,how experienced,etc..
Whatever you do,you should be as proactive as you can now,rather than later,from what I've seen lately the housing and renting situation in the UK gets ever more difficult.
TrTry And explore as many options as you can,get organised and try not to be discouraged if it takes time to grt a good result.it took me 8 months of hard work to find the flat we now live in,and it wasn't easy,but I refused to be discouraged by the endless dead ends and setbacks..sigh.
Do talk to people,family friends,about your situation,you never know what may come of it..I got this flat by getting to know the builder,who was refurbing,who introduced me to the landlady..an absolute gentleman..
Good Luck and I do hope things work out well for you and your mother.
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Worth a look.hope OK to post link,if not mods please adjust.
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@Aphrodite_Persephone Thanks for clearing that up. I guess different councils have their own rules.
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Yes was going to say same see if you can get on tenency
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I am Not sure if this could help but what if you stop paying the rent and use it to move, they would have to give you a notice to evict you making the process longer, it took my council 6 months to get me out as i went to court over it, i lost and had to leave but it gave me more time to save and move, yes i owed them for the rent i had not paid but i had the money to move and paid them back over time
also are you disabled on Pip ect, there may be other options
A friend of mine was facing the same situation, living with his mum, and was also her registered carer, they both saved up the little they could and eventually, he moved out and got his own little flat just a little way down the road from his Mum, broke his heart and worries about her all the time but it was all they could do, on a good note they have walkie talkies that have a panic button to chat with, costs them nothing to chat and he has a little peace of mind knowing she can hit that button if she needs to
All the best
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@Steve_in_The_City they're with a housing association so I'm not sure if that makes any difference. Also he had two younger siblings under the age of 18 in the family home who he became guardian of so that may also play a party, but again I'm not sure. Definitely find and have a read of your mum's tenancy agreement, as you may be able to become a joint tenant.
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