Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
I need advice on a housing issue...(4 Posts)
Hi, I’ve been lurking on this site for a while now but have found myself in the position of needing some legal/Housing advice. If any one can help I would really appreciate the input.
Apologies if I miss out any information I will try not to drip feed, Just to warn you this may be a long one so if you manage to read through it all well done!
Okay here goes so as a bit of background of events leading up to this; I recently split with my children’s father after 9 years of emotional and financial abuse, the final straw came when I found out he had been texting other women and planning on meeting up with them! As we were not married I had no rights in regard to the house or any other assets as they are and always have been in his name (he kept everything but our clothes!). With no-where else to go I had to move myself, DS(6 Today YAY) and DD(2) in with my parents and older brother who still lives at home.
Okay so here’s the problem the house that my parents rent is owned by a Local Housing Association who have a points and bidding system in place for people on their housing list. Where top priority people get first choice etc. I have applied to be placed on the list as I would like to stay in this village, I really don’t want to move my DS’s school again (this is his third school in as many years). I could theoretically move to a different area but have other family here for support and don’t have access to a car at the moment as mine decided to die on me, so if I moved I would definetely have to change DS’s school again.
The problem lies in that my Dad is working away in the South of the UK and my parents have found somewhere to permanently rent down there that will be available to them in around 6months time (They will be renting from a friend of my dads). My dad phoned up the Housing Association to see if he could put me on the tenancy agreement to take over the house when they leave as I am already living here and it is the right sized house to meet mine and my childrens needs but was told that no he couldn’t do that and I would have to leave the house and bid on it if I wanted to live there.
The thing is I also have an emotional connection to this house as it was my Gran’s before my parents and so me and my siblings grew up here, it has been lived in by my family for a very long time (I realise I don’t have any rights regarding this it’s just the emotional extra on top of the housing issue I guess)
Okay so I guess what I really need help with is can they essentially make me and my children homeless to then have to bid on the house that we were already living in anyway? (I have other family in the area but none that have any room for us to go even temporarily and as pathetic as it sounds no friends to help out either) Is there anyway I can legally remain here and be put on the tenancy without having to move out first?
It wouldn’t be too much of an issue but the houses in this village that the Housing Association owns don’t come up very often and I’m worried that none will not come up before my parents move.
Any help that anyone can give me would be very much appreciated it’s really getting me down I was stressed enough with sorting out things after the split but then my parents sprang this on me completely out of the blue like hey I know you’ve got a lot on youre plate right now and could really use the support but we’ve decided to move 3.5hours away so you will have to sort out somewhere to live and find money to furnish it in under 6months! (I don’t have a job at the minute so not an easy ask really! I wasn’t allowed to work I had to stay at home and look after the kids so have been out of work for nearly 7 years)
Thank you if you managed to read all of this I apologise if I rambled on a bit!
You need to check the succession rules with the ha. Sadly even though you have a tie to the house it probably means you have no right to it.
Someone might have been waiting many years for the property or have a greater need than you.
Firstly happy birthday to your DS!
I'm no expert here and your best bet would be to give Shelter's advice line a call to help understand your options.
Succession rights I believe only apply in the event of the death of the tenant, not if they simply move out.
I think your local authority would probably accept you as homeless and in priority need in the event of your parents moving and leaving you with nowhere to live - but you need to be confident about this. If they do accept you are homeless then they have a responsibility to house you somewhere - but this doesn't have to be your parents house and if you turn down what you are offered then you don't have any right to further assistance. So it is potentially a very high risk strategy, you could be left with nothing.
It might be that you can persuade the LA and the HA to see sense, avoid all these difficulties and offer you the tenancy directly without needing to become 'homeless' in order to do so. But you need advice on this and how to approach it. As I mentioned above, Shelter are your best starting point.
Thank you both for the replies I'll definitely have a look at getting in touch with shelter as it seems like the best option at the minute
Join the discussion
Please login first.