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Original poster

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:
lindyloo57 · 16/08/2021 17:45

No it will go straight back to the council,

Standrewsschool · 16/08/2021 17:53

Maybe dp should check his grandparents tenancy agreement, and if it does pass down,move in with grandparent. The grandparent may appreciate the help in his twilight years. Obviously, grandad may live for several years yet, so it could be a long wait...

Hertsgirl10 · 16/08/2021 17:55

He’s mistaken I’m afraid, if he’s lived there for a year before they died then yes he might be able to live there depending on how many bedrooms but they have, if it’s more than his needs they would have a duty to house him.

Pearshaped20 · 16/08/2021 17:55

Why does he need a council house if he already has a house?

akindredspirit · 16/08/2021 17:56

@YesIReallyDoLikeRootBeer

What I'm curious about is how old are his siblings? I'm asking because I'm wondering how long his poor grandparents have left to live. Unless they are both very ill (which you have not mentioned) I wonder why he thinks he will "have the property" in time for his siblings to live there while getting their education. Unless his siblings are around 4 and 5. Poor grandparents, their grandson making all these plans for after they die. What if they live another 20 years?
At last, someone with the same thoughts as me! I find it very odd to be making such plans for his grandparents home when they could still be living there for many years (My mum died two months ago at 98 and dad in 2018 at 97) I cannot help wondering how old these grandparents are. I assume the 'studying siblings' are also their grandchildren. Perhaps they could stay with the grandparents, study, and also provide a little care too.
Linnette49 · 16/08/2021 17:56

Sorry. Council house is rented. Ownership is the council. On tenants death it will go back to the council to be put up for rent again.

Jerima · 16/08/2021 17:58

Did they have his name removed from the tenancy? If they never that might be where he thinks he will get it but either way they have already used their succession so nobody but the council will get it even if they move in with the tenant before the tenant dies.

Just to add my council tenancy says I can have a mortgage on another property, or even on another 100 properties so long as my main residence is at my council house. Plus your DH couldn't allow others to live there whilst living elsewhere, that would be subletting even if he didn't take money for it.

Jerima · 16/08/2021 17:59

My tenancy is until I die then so long as somebody can show they've live here for six months, they get it til they die then it goes back to the council.

Bluntness100 · 16/08/2021 18:04

@Jerima

My tenancy is until I die then so long as somebody can show they've live here for six months, they get it til they die then it goes back to the council.
Are you sure? Doesn’t it need to be the last six months and they need to be on the tenancy?
Original poster
softplay999 · 16/08/2021 18:05

@Pearshaped20

Why does he need a council house if he already has a house?
He doesn't need it at all. It's just something he thinks will happen
OP posts:
CornishTiger · 16/08/2021 18:05

@Hertsgirl10

He’s mistaken I’m afraid, if he’s lived there for a year before they died then yes he might be able to live there depending on how many bedrooms but they have, if it’s more than his needs they would have a duty to house him.
No legal duty to house an occupant.
Theoldcuriosityshop · 16/08/2021 18:06

Definitely not. Unless he's on the tenancy he stands no chance. Why would he think he would.

CornishTiger · 16/08/2021 18:07

@Jerima

My tenancy is until I die then so long as somebody can show they've live here for six months, they get it til they die then it goes back to the council.
If no one has previously succeeded them there may be contractual rights to succession. However this would be to the tenancy not the property. It’s normally 12 mths too.
Rachand23 · 16/08/2021 18:11

Often the tenancy will pass just the once I.e if the husband dies it passes to the wife but there it stops. After the wife dies the Council takes it back, and hard luck to anyone else living there.

Bebethany · 16/08/2021 18:20

Are you being serious????NowWhatUsernameShallIHave

JSL52 · 16/08/2021 18:27

Is he genuinely a bit thick ?

grownuplefthome · 16/08/2021 18:29

No sorry, unless you are named on the lease, or if they execute their right to buy and you pay the mortgage and they name you as benefactor

Debbacat6 · 16/08/2021 18:31

I work for a Council, housing is part of role

No, he won't inherit.
Unless they had bought it and leave it to him as part of their estate in their will.

Neither can he inherit the right to buy it.
There is no such right
Only the tenants on the rent book have that right.
If they rented it, the owner is still the Council. Keys return to Council to re let it on their death.

Throwntothewolves · 16/08/2021 18:35

My Nan lived in her council house for over 60 years, when she died it went back to the council.
Council houses are rented properties, not personal assets to pass on as inheritance.

Smuuuurfette · 16/08/2021 18:47

he has zero rights to succeed tge tenancy. it will return to the council

Maireas · 16/08/2021 19:00

I don't understand this, @Jerima - you can own 100 properties and still have a council house? Have I misunderstood your point?.

ALongHardWinter · 16/08/2021 19:08

Not unless his name is on the tenancy.

JohnStonesMissus · 16/08/2021 19:15

Have you informed him of the bad news yet OP?

TheYearOfSmallThings · 16/08/2021 19:19

you can own 100 properties and still have a council house?

Yes, that is correct, as long as you continue to live (genuinely) in the council house.

Obviously you would not have been given the house if you had other houses at that time, but you might have acquired them since.

Maireas · 16/08/2021 19:22

Right. I never knew that you could have a property portfolio and still live in council housing.