Succession to my fathers council property

[Paige2354]

Hi I need some advice. My father sadly passed away and I was living in his council property with him due to my relationship breaking down. I moved in with my father because the local council would not rehouse me and my son because I surrendered a previous council tenancy to live with my partner. So now my father has passed away I am trying to succeed the tenancy. The application is processing but I just want some advice as to weather my application is going to be successful or I'm going to be homeless within weeks. So the issues I need answering are that my mum and dad had a joint tenancy but my mum gave it up to my dad when they divorced does this count as 1 succession? Also even tho I have been living with my dad for the past 2 years and can prove I was he didn't declare me living there and was in receipt of housing benefit will the council refuse me on these grounds any advice appreciated

[MissBattleaxe]

If you weren't officially living there they may be a problem but I don't know. Best way is to ring them and ask.

[Bubblebanana76]

I was able to take over my mothers council home when she passed away 4 yrs ago. I had to move back in with her to care for her towards the end! I didn't have many problems taking over the house. My situation is slightly different than yours so good luck

[SouthWestmom]

Will there be a problem if he received HB and council tax reduction but shouldn't have because you were there?

[kilmuir]

thats fraud surely?

[lougle]

My tenancy agreement specifically states one succession, with transfer from joint tenancy to sole tenancy after a death being counted as a succession. So you wouldn't get it in my borough.

[lougle]

"Succession
Transfer of tenancy to someone else

On death of a tenant, the spouse or partner may have the right to take over the tenancy, as long as they have been living at the property for the last twelve months. This is called succession and, by law, succession to a tenancy can only happen once.

If a tenancy started on or before 31st March 2012 and the tenant passes away, another member of the tenant’s family, who has also lived at the property for the preceding twelve months, may qualify to succeed, if there is no spouse or partner.

However, there are new rules from April 2012 regarding succession, which only allows the spouse or partner to succeed to a tenancy that started on or after 1st April 2012. If there is no surviving spouse or partner, a succession will not take place. In these circumstances, if you are living in the deceased tenant’s property, you should seek advice from your Area Housing Manager about your housing options."

That's from Winchester city council, but it refers to the law, so is likely to be country wide.

[bimandbam]

My friend lived with her mother for 20 years and had a real fight on her hands to get the property on her mothers death.

She did in the end but only because her terminally ill brother also lived there.

They may offer you emergency accommodation and put you on the waiting list for a permanent property.