Help needed regarding tenancy succession

[col87]

Ok a bit of a long shot here! My sister in law currently lives with her mum (who is terminally ill) her other half, and their 6 month old daughter. The tenancy is currently in her mums name and she has been told when her mum dies they will all be made homeless!

Ideally, they would like to remain in the house they're in now. Problem being originally the tenancy was in joint name, her mum and dad, when her dad left the tenancy became a sole tenancy, which they are counting as a succession. They have said it is NOT the housing associations job to re-house them.

Several people on the estate have already had the tenancy passed on several times. I was wondering if anybody has been in a similar situation and/or knows what her optons are.

Any help would be greatly appreciated.

Thanks

 

[Anonymous]

found this on yahoo answers. not sure how reliable this is tho. you best go to your local office.

'You can't take over the tenancy no, the only way that ever happens is when the successor has been living there with the tenant for a minimum of twelve months - (and legitimate proof is needed) and the tenant passes away. I've never heard of a mutual exchange being done with a private landlord - I suggest that you speak to the council your mom rents from to see if they would agree to it - you'd also need to get the landlord's permission.'

 

[col87]

Thanks for that it's quite interesting as the housing associaton they are with said they can't do it. She has lived there since she was born (is now 27) and they claimed there was no proof she has been living there (she has passports, driving licences, car insurance, etc all tied to the address)

 

[Anonymous]

Thanks for that it's quite interesting as the housing associaton they are with said they can't do it. She has lived there since she was born (is now 27) and they claimed there was no proof she has been living there (she has passports, driving licences, car insurance, etc all tied to the address)

utility bills. gas/electric. swap them over to her name and get her put on the list as joint tenant.

 

[col87]

They won't let her onto the tenancy agreement, don't know if its legal or not lol.

 

[ultimateharold]

Im sure agencies and associations are staffed by emotionless robots. At what will be a difficult time, and when the rent will be paid after the passing, by the prospective tenants (I imagine) how difficult can it be for them to simply switch the name?

 

[bluestud]

Did her Dad leave or did he die? If he just left it should have been assigned not succeeded.

Succession follows the death of one of the tenants. Is it an assured or secure tenancy?

Its true you can only have one succession but the HA or Council may have the jurisdiction to grant a new tenancy if you wouldn't be under occupying the property.

 

[col87]

He left, I think it is an assured tenancy but not 100%.

 

[bluestud]

If they were joint tenants and he moved out of the property, he would need to have assigned the tenancy to her by signing. Otherwise he's still liable for debts. As I understand it Succession only follows a death. If you can prove this she may still be able to succeed.
HA's can make mistakes so its worth checking while her Mother is still alive. Get her to ask to see the documents and go to a CAB advisor.

Let me know what happens.

 

[col87]

I will do mate. Thank you very much for your help. It's much appreciated.