Council tenancy transfer between parent and child(11 Posts)
Trying to do some investigation for SIL. Her mother has lived in her council property for 30+ years. SIL lived there till she was 18 she's now 30. The house is in a desirable village. SILs mother is in her late 50s now and in poor health after suffering a stroke a few months ago. SIL and my brother privately rent a flat about 10 miles away. The mother is moving into smaller sheltered flat literally opposite her current house. SIL and brother would like to take on her mothers house on a council tenancy. Is this type of succession arrangement possible? Can anyone advise on how they can go about this? Are there pitfalls? SIL is going to have to care for her mother to a certain extent and being closer to her would obviously be useful give that she doesn't drive. SIL and brother are both on low incomes. They have no children.
No. How would that even work? These transfers are for children/partner who have lived with the tenant. Not someone who fancies living there. If this was at all possible, thousands of people would be taking advantage.
I'm sure they would have to have been living in the house for a period of time to be able to take over the tenancy and even then it is frowned upon by a lot of councils.
Where I live the period a person would have to live in a property to succeed the tenancy from a parent is 3 years. Not sure if that's the same everywhere.
A lot of councils won't pass it down to a child who has been living in the property anymore if the house is bigger than they would need so it's highly unlikely that it will be possible for them to take on the house. Plus if they have a date for her mother moving out, the house will probably be allocated to someone on the waiting list already.
Is this in England or Wales?
If so, whether there's a right to succession/assignation will depend on a number of factors, not least whether the SIL is actually living in the property and whether there have been previous assignations/ tenancy successions.
It may also depend on whether the MIL is deemed to be 'under-occupying' the house.
Basically, your SIL needs legal advice or advice from someone like CAB.
"The majority of council tenants are “secure tenants”.1 The rights of existing occupiers of council housing as at 1 April 2012 to succeed to a secure tenancy in England are governed by sections 88 and 89 of the 1985 Housing Act. Section 87 governs succession rights in Wales.2
There can only be one statutory succession to a surviving spouse (this includes civil partners) or a member of the deceased tenant’s family. Where a tenancy was originally a joint tenancy and one of the joint tenants dies, or surrenders their interest, this counts as a succession;3 no further statutory successions can be claimed.
The would-be successor must, at the time of death of the original secure tenant, occupy the dwelling house as their only or principal home and be either the deceased tenant’s spouse (or civil partner) or another member of the deceased tenant’s family.4 In the case of anyone other than a spouse/civil partner, it is necessary to show that the putative successor has been residing with the late tenant for at least 12 months before his/her death. “Residing with” means more that “living or staying at” the premises, although not necessarily so much as residing permanently or indefinitely.5 Section 113 of the 1985 Act defines members of a tenant's family for the purposes of succession and includes: spouses, parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews and nieces; including step-relations, half-relations and illegitimate children and “persons living together as husband and wife.”" https://www.google.co.uk/url?sa=t&source=web&rct=j&ei=XjZdVLKUNaeR7AbNmoGwCA&url=http://www.parliament.uk/briefing-papers/sn01998.pdf&ved=0CB4QFjAB&usg=AFQjCNFnlsDhtqS6XIGYQE9sBSjQqNDBDQ&sig2=UjimXbQbf2l6rirhM3HWnA
So, SIL's mum would have to die in the house she wants to take on and your SIL would have to have lived there for 12 months prior. Also, if it was a 2 bed house or bigger and it was just SIL and BIG living there, they could be required to relocate to a smaller house anyway.
Oh and if SIL's mum was joint tenant with a partner and that partner died, then there can be no further succession of tenancy.
Are the council providing the smaller sheltered flat? If so, MIL will be giving up her flat to get this and cannot pass it on.
My BIL did this as MIL was moving abroad. They got advice from Shelter and although BIL wasn't living with MIL at the time, she delayed her move for a year so he could get the 12 months' residence needed. lougle is correct in that he had to have been living in the property (even though he'd grown up there) for at least a year before making the application. They had a few issues with the council but got advice from Shelter, so I think they are your best point of call for the legalities.
As NotAnother says, if she is moving from one council property to another then the tenancy will move with her so will not be able to be passed on.
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