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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:
Howshouldibehave · 15/08/2021 12:08

Just worried he is relying on it financially

How does he think that will work? Does he think he will be able to give up the house you’re in and you can just move into his grandad’s old council flat together?!

Or does he think it’ll be his to buy for peanuts and sell on at a profit as if it were an inheritance?!

Allowing people to buy council houses was a huge mistake.

Original poster
softplay999 · 15/08/2021 12:08

@Hunkydory99 thank you, that's really helpful. That's how he is looking at it as he has all those documents.

OP posts:
purpletrains · 15/08/2021 12:09

He must still have his name on the tenancy if hes that convinced

Its benefit fraud if so

Howshouldibehave · 15/08/2021 12:10

[quote softplay999]@Hunkydory99 thank you, that's really helpful. That's how he is looking at it as he has all those documents.

[/quote]
Which bit of those documents makes him thinks he qualifies though?

Blueeyedgirl21 · 15/08/2021 12:10

I think he is probably thinking he can sublet it London. Lots of council flats are sub and even sub-sub letted

Blueeyedgirl21 · 15/08/2021 12:10

Sublet it because its* London

Clarice99 · 15/08/2021 12:11

He has no succession rights, he is not on the tenancy nor does he live there and local authority databases (and beyond) will prove this.

So, in a nutshell, he will not 'inherit the tenancy'. This doesn't (shouldn't) happen for anyone, thankfully.

There is a social housing crisis and once the GP's die, the property will be allocated to someone who has likely waited a long time to obtain social housing accommodation.

Original poster
softplay999 · 15/08/2021 12:13

He wants to let his brother and sister live in it while they study.

He was a genuine tenant there when I met him. His name is off the tenancy, we have a mortgage together, he receives nothing there, it all comes here. His not trying to do benefit fraud, he just casually says that it will go to him. His not trying to take it, or scam anyone 🙄

OP posts:
Shanghaisprize · 15/08/2021 12:13

there's nothing to inherit

Not always true - the house can't be inherited, no, but sometimes the tenancy can. Known as succession.

IthinkIsawahairbrushbackthere · 15/08/2021 12:13

In our area a tenancy can only be passed on once. There was a very sad story in our local paper about a young man who was being evicted from the house where he was born. The tenancy had passed from his father to his mother. The young man lived there, caring for his parents and his niece also lived with them. When the parents died he and his niece were given notice and threatened with eviction. Eventually the council allowed him to become the official tenant but it was because it was he and his niece would otherwise have been homeless and they would have been rehoused in a similar property.

Gingernaut · 15/08/2021 12:14

england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy

As he's a home owner, he's not even allowed to go on the council housing list.

Shanghaisprize · 15/08/2021 12:14

Its benefit fraud if so

Eh? What benefits?

TheQueef · 15/08/2021 12:16

@purpletrains

He must still have his name on the tenancy if hes that convinced

Its benefit fraud if so

How?
Howshouldibehave · 15/08/2021 12:16

He wants to let his brother and sister live in it while they study.

What makes him think HE will inherit a social housing property (despite being a mortgage holder!) but not his siblings or indeed any other relative??

If none of them are entitled to social housing, they wouldn’t get it anyway!

chaosrabbitland · 15/08/2021 12:16

he wont get it and it would be most unfair if by chance he did , i know your daying hes not cheeky , but yes he is kinda , he does not need it .
up and down the country there are hundreds of families low income who cannot afford or find it impossible to private rent , plus all the vulerable adults . these people are all living in temp accomadation , often miles away from where they private rented before as the council just have to shove them where there is space to get them in ,
travel lodges are often used which means the only hot dinner your kids might eat is if you go out , getting them to school on time can be a nightmare and it can take many months waiting to get offered a place , such is the shortage in some areas

it costs some councils a fortune , in 2018 my councils bill for housing homeless families was 1 million no less
it does make me angry as i was one of these people along with my dd nine months of waiting in temp accomodation , 3 different travel lodges and 1 hotel before we got the offer of a house .
so when people like your partner assume they will get the keys to a council place they dont need to either sell it for a nice profit or rent it out for a nice profit , then yes i feel it takes the piss , social housing is for people that need it ,not those who dont and as its been pointed out up thread there is such a shortage of them ,with not nearly enough being replaced although margaret thatcher was to blame for the problem in the first place

Hekatestorch · 15/08/2021 12:17

What does he mean by go to him?

You say you hope he isn't relying g on it financially?

Does he believe he will own the flat?

And why would his sister and brother be able to live there, if he did manages to tale over the tenancy?

Is he planning on subletting it to them? Don't think he could do that either.

How is he going to explain li ING with you his name on the mortgage, while stoll claiming he lives there as a dependent?

CloseYourEyesAndSee · 15/08/2021 12:17

Is he actually off the tenancy? In my experience of working with social housing tenancies there has to be a court order to remove someone from a tenancy so he could well still be on it.
However he shouldn't be entitled to inherit as he doesn't live there, and if he tried to claim that he would be committing fraud.

Original poster
softplay999 · 15/08/2021 12:18

@Howshouldibehave

He wants to let his brother and sister live in it while they study.

What makes him think HE will inherit a social housing property (despite being a mortgage holder!) but not his siblings or indeed any other relative??

If none of them are entitled to social housing, they wouldn’t get it anyway!

Because he lived there
OP posts:
Hekatestorch · 15/08/2021 12:18

That last paragraph should be

How is he going to explain living with you his name on the mortgage, while still claiming he lives there as a dependent?

Original poster
softplay999 · 15/08/2021 12:19

@Hekatestorch

What does he mean by go to him?

You say you hope he isn't relying g on it financially?

Does he believe he will own the flat?

And why would his sister and brother be able to live there, if he did manages to tale over the tenancy?

Is he planning on subletting it to them? Don't think he could do that either.

How is he going to explain li ING with you his name on the mortgage, while stoll claiming he lives there as a dependent?

He is not claiming to still live there
OP posts:
Howshouldibehave · 15/08/2021 12:19

If he genuinely thinks this, he is either VERY cheeky or has some serious comprehension problems.

Shanghaisprize · 15/08/2021 12:20

What makes him think HE will inherit a social housing property

Because he was the only one who ever lived there with them perhaps.

If none of them are entitled to social housing, they wouldn’t get it anyway!

Again, not necessarily true.

This thread is a good reminder of why not to take anything on here as gospel, so much misinformation and errors posted as fact.

BrilliantBetty · 15/08/2021 12:20

Even if he was on the tenancy and had been for years nothing is guaranteed.
Was she the first person to take this tenancy, or had it been passed on to her after the death of someone else?
I'd be very surprised if he was a able to get the tenancy given he owns another property.

Gingernaut · 15/08/2021 12:21

The main point for inheriting the tenancy is residency.

Whether you're named on the tenancy agreement or not, you're allowed to inherit only if you're a resident there for at least 12 months prior to death.

If your BIL or SIL live with your GPILs, they might be able to inherit, if they fulfill the criteria necessary.

Your DP will not be in the running.

He doesn't live there, is not financially dependent on his GPs and owns his own home.

Howshouldibehave · 15/08/2021 12:22

Again, not necessarily true

Are there any situations in which a relative with a mortgage would inherit a social housing property?