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If your grandparents live in a council house, do you automatically get it when they die?

333 replies

softplay999 · 15/08/2021 11:34

My partner is sure that he will inherit his grandparents council flat when they pass away.

He did live there for over a year previously and this is why he thinks he will get it.

I think this is completely not true, but I actually have no idea. Can anyone please help?

OP posts:
Bagelsandbrie · 15/08/2021 11:36

Surely it will return to the council unless he is on the tenancy?!

LemonViolet · 15/08/2021 11:37

Nope not as far as I’m aware!!!! I’m not even sure if he was living there when the lead tenant dies that he’d be entitled to stay tbh. I know my friend lives with her Dad in the family home they’ve rented from the LA since she was a child, he is the lead tenant, she has told me when her Dad dies she won’t automatically inherit the tenancy despite having lived their all her life.

Theunamedcat · 15/08/2021 11:38

No you need to be on the tenancy for over a year in some areas

Unless they bought it

frenchnovice · 15/08/2021 11:38

I doubt it....that's not how it works. unless they buy it

HunterHearstHelmsley · 15/08/2021 11:38

No, of course not! He doesn't even live there.

Unless they have bought it, then they could leave it to him.

SleepingStandingUp · 15/08/2021 11:38

You can't inherit something owned by the council.

His grandparents do not own their home, they rent it. When they die, it returns to the landlord aka council or Housing Assoc

Lilly11a · 15/08/2021 11:38

I believe he has to be on the tenancy and live there at the time of death .
It also depends if it has previously been inherited as tenancies can only be passed on once

softplay999 · 15/08/2021 11:38

I honestly have no idea what happens. That's what I think, why would he automatically be given a flat he doesn't need Confused

He was on the Tenancy when he lived there but me and him have had our own house for 5 years now.

OP posts:
Sexnotgender · 15/08/2021 11:39

That’s not how it works unless they have bought it and willed it to him!

allthegoodusernameshavegone · 15/08/2021 11:39

It will go back to the council, we had to hand the keys back the day after the funeral when my Dmil died.

somewhereovertherain · 15/08/2021 11:39

Bloody hope not

Mantlemoose · 15/08/2021 11:39

No he won't

SleepingStandingUp · 15/08/2021 11:40

@LemonViolet

Nope not as far as I’m aware!!!! I’m not even sure if he was living there when the lead tenant dies that he’d be entitled to stay tbh. I know my friend lives with her Dad in the family home they’ve rented from the LA since she was a child, he is the lead tenant, she has told me when her Dad dies she won’t automatically inherit the tenancy despite having lived their all her life.
In oart its because she won't meet the bedroom requirements so of its a 3 bed house etc they wouldn't want to give it to a single person. They should provide some help with her rehousing tho
softplay999 · 15/08/2021 11:40

The location is London. He hasn't lived there for over 5 years. He was on the tenancy.

Will he be given the option to buy it?

OP posts:
ImFree2doasiwant · 15/08/2021 11:41

No. If he is not on the tenancy, and doesn't live there, then no, he won't get their flat. There us a right of succession in sone cases, but this is nit automatic, and usually used when the tenancy I in 1 name, and that person passes away. The tenancy may then pass onto their spouse, partner, adult child for example. Along as that person has been living in the property for more than a year (I think).

ImFree2doasiwant · 15/08/2021 11:42

No, hewont get the option to buy it either. Jesus there's no wonder there's a lack if social housing

TheQueef · 15/08/2021 11:42

You can only succeed if you are on the tenancy or dependent on it at the time of death providing the original tenancy is one with succession rights (unusual after 2002)
Are you sure it isn't bought and he's expecting to inherit?

Thighdentitycrisis · 15/08/2021 11:43

No he won’t
Our council have a policy where the tenant can succeed for one generation only ie- parent to child, if they have been living there for at least a year immediately prior to death

RhodesianRidgeback · 15/08/2021 11:43

No. He’s just a former tenant. He has no rights whatsoever over the property. He’s bonkers.

cozycat1 · 15/08/2021 11:44

Bottom line no and he will not be given the option to buy it either, or rent it. The Council will get the keys back and they will allocate it someone on the waiting list.

MaryGubbins · 15/08/2021 11:45

And in a lot of areas where one tennant (e.g grandparent) dies and it transfers to the new tenant (parent) who was living with them it then cannot transfer a 2nd time to a third co-tennant (e.g child).

CremeEggThief · 15/08/2021 11:45

🤣🤣🤣

Bless him.

FrownedUpon · 15/08/2021 11:46

No-why on earth does he think he would?

softplay999 · 15/08/2021 11:47

I really don't understand why he thinks he will get it. Or why he thinks he is in the right too

OP posts:
anotherwinkywinkybumbum · 15/08/2021 11:47

Just another echo here of he is definitely not entitled to the property in any way, shape or form. Deluded to think otherwise.