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Housing

21 replies

Giggy1 · 04/04/2019 20:03

Hi, some advice would be great.
I'm currently in private rent and my landlord has sold the property and we have 2 months to leave. My partners mother lives in a council house and wants to leave. My partner lived there for 20+ years. She has offered the property to us. Would we be able to do this and eventually the property be ours? Any advice would be great thanks. And the house has three bedrooms and we have 2 children

OP posts:
Hollowvictory · 04/04/2019 20:07

Is it for her to offer the house to some or is it for the council to assign it in line with their housing policy?

LookImAHooman · 04/04/2019 20:11

99.99999% certain she has to hand it back to the council, sorry.

TheQueef · 04/04/2019 20:13

No she can't transfer her tenancy was SO a joint tenant or did he grow up there?

Giggy1 · 04/04/2019 20:15

He grew up there.
Weve been told that of we pay the Bill's for 1-3 years then it can be ours. I'd this a myth?

OP posts:
gamerchick · 04/04/2019 20:17

She needs to put him on the tenancy. Is he on it?

TheQueef · 04/04/2019 20:18

Yeah.
If your kids are the same sex you could just move in with her.
Eventually make a joint tenancy (depends on the criteria of LA)
Then she could move out, again eventually.

Giggy1 · 04/04/2019 20:19

Thank you everyone

OP posts:
HeyCarrieAnneWhatsYourGame · 04/04/2019 20:20

As others have said it will depend on the authority but in your position I would get your husband put on the tenancy with your MIL and then eventually she can be taken off. Doesn’t matter if she’s not living there as long as you’re all agreed.

sluj · 04/04/2019 20:20

Check her tenancy but generally you would all need to have been living together for 12 months first, she should not be a successor herself and the house should be the right size for your family.
You cant just have it handed to you though.

huggybear · 04/04/2019 20:23

Surely there are people high on the list?

rosydreams · 04/04/2019 20:41

yeah you would need to live with her for a wile but its fine people give council houses to their kids all the time.My mother would have done the same but she died before i was old enough to be put on the tenancy

rose69 · 05/04/2019 07:46

Does she intend to move into private accommodation?

lastqueenofscotland · 05/04/2019 07:48

Depends on the local authority, the size of the property, the type of tenancy she’s got etc.

Babyfoal · 05/04/2019 18:12

Does she have an assured or secure tenancy? Is there a right of succession?

Bravelurker · 05/04/2019 21:16

On the street I grew up on the adult children who were still living in the property since birth, all lost their home when their DM had died because apparently her DH had passed the tenancy on to her before he died Confused.

I'm not really sure if this is correct or if I got the previous information is missing something but I think you can do only one transfer for your entire tenancy.

Babyfoal · 06/04/2019 07:04

The answer will be in the tenancy agreement.

ivykaty44 · 06/04/2019 07:07

Where is the mother going to live? When she moves out of her council property?

Aibubabes2 · 06/04/2019 07:11

Hi there
It's unlikely she will be able to just give it to him, it belongs to the council/housing association and so it would need to be given back to them.

He may have rights to succession when she dies so long as he can evidence he has lived there and that succession has not already happened in the past at any point during the tenancy. This would include if DPs Dad had been on the tenancy, died and DPs Mum had succeeded it- succession has then happened and therefore cannot again.

Depending on the size of the property even if there are rights to succeed the council may not allow him to succeed to that property if say he is only requiring 1 bedroom and the property is a 3 bed house.

Dothehappydance · 06/04/2019 07:50

No, she can't just give it to you.

And brave is correct. There is only one right to succession.

dontsufferfools · 06/04/2019 11:25

There is only one succession right on a tenancy. But you dont necessarily need to succeed as you'd need to live there for more than 12 months. And be on the tenancy (and some HA's wont let children succeed, only husbands/ wives/ partners). And succession usually only happens when someone dies.

She could assign it to you. If you have a housing need, the HA may do this for you. Its not widly advertised by HA's as your mum would have to give up any tenancy rights now and in the future (because she's freely giving it up). Its risky for her which is why HA's dont offer it up. But it does happen.

TheQueef · 06/04/2019 12:14

Based on DP growing up there I reckon it's an older tenancy so could have different succession rights.
Depending on LA.

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