Council housing question - how can I help my neighbours?

[StanfordPines]

My neighbours are council tenants, and it is council not HA.
The tenancy is in the name of their mum but she doesn’t really live there any more, just the two brothers. They both have been out of work since March last year due to coronavirus.
They wanted to sign the tenancy from their mum to them but the council wouldn’t do it. They struggled to make the rent as they couldn’t claim housing benefits due to not having a tenancy.

Long and short is that the council are moving them out as soon as the whole ‘you can’t be evicted’ thing happens.

Is there anything I can do to help them? Is there anything that can be done to over turn this?

Don't think you can just sign tenanacies over , their is a huge waiting list.
They may house the brother with no job as he would then be classed as homeless but no way of knowing as will depend on availability in your area etc

No.
The brother will have to present as homeless to his council. He will have to go on the housing register, if they accept him. Being in arrears is not a good start, however if the tenancy is in the mother’s name then she would be responsible for it.
They will not allow one single adult male to occupy the house. Tenancy succession is rare, and would normally only happen should the tenancy holder die.
I would advise he speak to shelter, council and google their housing allocation policy.
Short of it is - no, the council do not (and should not) let him stay. Council housing is in high demand, many families with children are homeless. The housing allocation policy will explain this

@Oldraver

Is there anything that can be done to over turn this?

Why would you want to help to overturn this ? They are not entitled to the house so need to move on and find something else

Because they are nice guys and I don’t want to see them homeless.

When I used to be a Housing Officer we would offer the two single brothers alternative accommodation if we were seeking the property back. Simply because when you are in court the judges always seemed to want the council to show eviction was a last resort and we had done everything possible to prevent them becoming homeless. Even though the law was on the councils side. I imagine the rent arrears on that property are high if no one is paying the rent or claiming housing costs.

I have a ha house so similar tenancy and mine is an assured one but I know I won't be able to sign over to my sons.
The only way you could help is if they give the council permission for you to talk to them to see if they will help the brothers or of the ever do assign tenancies over as technically the arrears will be his mums as its in her name.

@MercyBooth

"The other was due to start a new job in hospitality the day after lockdown was announced. He didn’t get furlough and hasn’t been able to find work since"

@Brunt0n there is a pandemic on.

I’m aware of that but why can’t he live with his brother who will be paying private rent?

By the time the council gets around to evicting them, the job situation might well be better. I suggest he starts applying 🙃

Have they been an put themselves on the list for a council property? They will become a priority if they are being evicted.

If they don't want to be homeless they need to apply for council housing to be housed appropriately.

The difference between them and the retired couple is the retired couple signed a life long tenancy agreement - they didn't.

The council can only do something about the people not abiding by a tenancy agreement.

Their mum will need to submit a tenancy termination notice once done the brothers can ask for a succession of tenancy as long as this has not been done before and as long as the house is not under occupied plus they have lived their for over a year.
While they are in the property their mum is still liable for rent unless she ends the tenancy. Once she does that they can claim UC housing costs if the council agree they have use and occupation.
Housing benefit is only given under very strict criteria these days since UC came in.

If the mother is no longer living there she has breached the tenancy. That's probably why they're being evicted.

It's a shame as it might otherwise have been possible for her to assign the tenancy - if it was a secure tenancy that began before 2012 and if it had not previously been assigned or succeeded to.

They should give shelter a ring.

It's a shame that by being honest they are going to be evicted.

They are only being honest as they can't claim the housing costs to pay the rent as the tenancy is in their mothers name. If they were both working and covering the rent no one would ever know...

@Fairyfalls

They are only being honest as they can't claim the housing costs to pay the rent as the tenancy is in their mothers name. If they were both working and covering the rent no one would ever know...

And that is how it was for 5 years.

Sadly they are both chefs so there is simply no work for them.

Op there really is nothing they can do unless their mum provides a termination of tenancy. As there is a block on evictions ( not for much longer) the council cannot evict but do want their rent paying so even without agreeing to a succession of tenancy the council can agree to use & occupancy which would mean they can claim housing costs via UC and pay the rent.