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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:
TheYearOfSmallThings · 15/08/2021 12:37

He won't "inherit" it. But if his name is still on the tenancy he may still get his hands on it if he tries. I know it shouldn't work that way, but in reality I have seen several extremely valuable London tenancies pass to family members who weren't living there when the original tenant died. I don't know the details, but I presume their names were on the agreements.

54321nought · 15/08/2021 12:37

in my experience what happens is you are given 3 days to clear it

EineReiseDurchDieZeit · 15/08/2021 12:38

God this thread is frustrating to read

His Grandparents have a tenancy. They do not own the property. He cannot inherit a tenancy he is not on. He cannot inherit a house his family have NEVER owned.

The aspect of this which is unclear to him is baffling.

NeverDropYourMooncup · 15/08/2021 12:38

No, he's deluded.

You can do better than have somebody that thick in your life - especially when, in the event that he has the eventual reality check, you're going to be expected to put up with an angry, resentful, raging twat demanding his entitlement.

AwkwardPaws27 · 15/08/2021 12:38

Yes that's my exact question. He thinks he will OWN the flat

I wouldn't even know how to respond to that. He hasn't hit his head recently, by any chance? Grin

Shanghaisprize · 15/08/2021 12:39

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

I think it would be highly unlikely unless there were some very exceptional circumstances (DV and nowhere else to go, vulnerable person, imminent repossession and no capital or savings perhaps?)

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

But my 'not always true' comment was in response to the above - OP's DP may not be entitled to succession of the tenancy, but we don't know the circumstances or eligibility of the other relatives. For example, the siblings may live there/ be on the tenancy/ dependent on the GP's.

Hekatestorch · 15/08/2021 12:39

Absolutely INFURIATING! Like talking to a brick wall though

I can imagine that is really ridiculous to sit and listen to.

I don't even know what to suggest. Surely if the council were just going to hand ownership of properties out for free it would be given to those who live in it.

Where has he got this idea from?

Hekatestorch · 15/08/2021 12:41

But my 'not always true' comment was in response to the above - OP's DP may not be entitled to succession of the tenancy, but we don't know the circumstances or eligibility of the other relatives. For example, the siblings may live there/ be on the tenancy/ dependent on the GP's.

Op says hevis the only one out of the siblings that has ever lived there.

Chikapu · 15/08/2021 12:41

Aww, bless his stupid little heart.

Original poster
softplay999 · 15/08/2021 12:41

@NeverDropYourMooncup

No, he's deluded.

You can do better than have somebody that thick in your life - especially when, in the event that he has the eventual reality check, you're going to be expected to put up with an angry, resentful, raging twat demanding his entitlement.

He won't behave like that when he realises he is wrong. I won't have to put up with anything. He will be fine and just admit he was wrong
OP posts:
AnnaSW1 · 15/08/2021 12:41

He 100% will not as he is a property owner.

Knittedfairies · 15/08/2021 12:41

If council tenancy worked the way your partner thinks they do, there would be no council/social housing anywhere for anybody as it would have been inherited (for nothing!) years ago.

Hekatestorch · 15/08/2021 12:41

@Chikapu

Aww, bless his stupid little heart.
🤣🤣🤣
Handsoffstrikesagain · 15/08/2021 12:42

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

LopsidedWombat · 15/08/2021 12:42

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

You made me curious enough to have a look! So I think if they never removed him as a tenant, he could possibly inherit it if the housing association assumed he lived there and didn't ask for evidence of the fact. Surely from that point onwards it would become illegal though, if he tried to rent it out or something? (and sorry I misread as his parents not grandparents in my pp)

BluebellsGreenbells · 15/08/2021 12:43

He could offer to buy it now for the grandparents - has he done that?

Hekatestorch · 15/08/2021 12:43

He won't behave like that when he realises he is wrong. I won't have to put up with anything. He will be fine and just admit he was wrong

If he is planning his financial future and the future of his siblings on been handed ownership of a flat, he may not just simply move on and admit he was wrong. Especially, in tbe afterthought of losing his grandparents.

I hope he does, though.

Please be there when he calls the council to claim his free flat though. Grin

Lotsoflaughs87 · 15/08/2021 12:44

After my gran passed away we had 1 week to return the house to a blank canvas. Not even allowed a nail left in the wall. Rip the flooring up. Everything. So no he won't get it

StrawberryJaM6 · 15/08/2021 12:44

@softplay999

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?

No it’ll go back to the council

Unless it’s a secure tenancy with succession rights and he is actually living there for more than a year

BadNomad · 15/08/2021 12:46

Did his grandparents buy the flat? He cant inherit it if they dont own it and he cant inherit it completely unless they put it in their will.

Otherwise these are the rules for inheriting a tenancy...

Tenancies that started on or after 1 April 2012:

You can only inherit a relative's tenancy that started on or after 1 April 2012 if the tenancy agreement says this is allowed.

Or

Tenancies that started before 1 April 2012:

You can inherit a relative's tenancy that started before 1 April 2012 if

* the tenancy was your home when the tenant died

* the tenant did not have a spouse or civil partner who can inherit the tenancy

* you were living with tenant for at least 12 months before they died. Time spent living elsewhere counts

Original poster
softplay999 · 15/08/2021 12:46

@Hekatestorch

Absolutely INFURIATING! Like talking to a brick wall though

I can imagine that is really ridiculous to sit and listen to.

I don't even know what to suggest. Surely if the council were just going to hand ownership of properties out for free it would be given to those who live in it.

Where has he got this idea from?

When he lived there, his grandad put him on the tenancy so that he would be left a place to live if something happened to them. The council confirmed he would get it in this instance. After that happened, we met and moved into our own house. So I think he is just thinking that still stands
OP posts:
Hekatestorch · 15/08/2021 12:49

When he lived there, his grandad put him on the tenancy so that he would be left a place to live if something happened to them. The council confirmed he would get it in this instance. After that happened, we met and moved into our own house. So I think he is just thinking that still stands

But the council wouldn't have ever confirmed he would own it. They would have confirmed he could remain as a tenant.

I am also pretty sure they would have mentioned this was because he only lived there and if he left it wouldn't count.

Not a chance has anyone told him he will own the flat when they die.

So I can't work out where he got this bit from.

Does he usually only half listen and then fi in his own bits? Or (and I am not taking tbe piss) does he have some cognitive issues?

Original poster
softplay999 · 15/08/2021 12:51

@Hekatestorch

When he lived there, his grandad put him on the tenancy so that he would be left a place to live if something happened to them. The council confirmed he would get it in this instance. After that happened, we met and moved into our own house. So I think he is just thinking that still stands

But the council wouldn't have ever confirmed he would own it. They would have confirmed he could remain as a tenant.

I am also pretty sure they would have mentioned this was because he only lived there and if he left it wouldn't count.

Not a chance has anyone told him he will own the flat when they die.

So I can't work out where he got this bit from.

Does he usually only half listen and then fi in his own bits? Or (and I am not taking tbe piss) does he have some cognitive issues?

That made me laugh Grin

I think maybe I have mistaken him and he means take over the tenancy.

I can't even bare to start the conversation up with him again to clarify.

I think il call it a day now, I'm getting a headache 🤣

OP posts:
Fluffycloudland77 · 15/08/2021 12:51

People do have odd ideas. One of dhs relatives thinks that if you have children with a man and you split up the dad has to pay your housing costs and their legally obligated to put a roof over their kids heads.

Not sure if they still believe it but it didn’t pan out that way for them.

Unfortunately because their SO convinced dh believed this until recently when I pointed out very few people can afford to run two mortgages 🙄 & how would you compel someone to take out a second mortgage/rent anyway?.

Batshit.

myotherusernameistaken · 15/08/2021 12:51

Leaving aside the fact that he is deluded, does he seriously believe that the council would just give him the house and that he would never have to pay rent?