Page 6 | If your grandparents live in a council house, do you automatically get it when they die?

softplay999 · 2021-08-15T10:34:45+00:00

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?

fairynick · 15/08/2021 12:52

You’re only entitled to stay if you’re on the rent books.

Turefu · 15/08/2021 12:52

If he lives with his grandparents, then he can apply for for taking over tenancy in his own name. It depends from local housing demand and size of the house, if house is 3bed, it’s unlikely single man with no dependants ( single I mean not living with his partner ) will get it. Smaller flat possibly. There’s no guarantee, it’s better to not bet on it.

Thehogfatherstolemycurry · 15/08/2021 12:53

But his grandparent doesn't own the property the council do. So even if he were still on the tenancy and living there it would not be his to own, he may be allowed to take over the tenancy but they don't just give away houses for fun and seeing that he does not live there and owns his own property he's delusional!

Shanghaisprize · 15/08/2021 12:53

He cannot inherit a tenancy he is not on

The aspect of this which is unclear to him is baffling

Unclear perhaps as it is NOT as black and white as you suggest. For example, according to the following (from Shelter) they do not HAVE to be on the tenancy agreement (although yes, they generally do have to live there):-

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.

I get that it's extremely unlikely that Op's DP would be eligible (although the replies here would be very helpful if he did want to try and find a way), `I also get that no, of course he wouldn't actually OWN the house even if he did manage to succeed the tenancy. But to say this could never happen (eg, for his siblings) isn't true. So it ISN"T always as clear as some are suggesting.

Hekatestorch · 15/08/2021 12:54

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

Then he is planning on pretending he lives there and subletting it to his siblings.

He can't pretend he lives there AND with you. And I don't think he can just sublet a council tenancy to someone else.

So somewhere along the way he is planning on trying trying to defraud the system.

Turefu · 15/08/2021 12:54

He doesn’t have to be on rental agreement , but has to live there.

JudgeJ · 15/08/2021 12:55

@Howshouldibehave

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.

It's not unknown for someone to have the tenancy of a council home and sub-let it. The child of my mother's neighbour had her own house but moved in with her mother a year prior to the mother's death and let out her house. She was then able to take on the council house, hopefully councils have tightened up since then.

raffle · 15/08/2021 12:55

His grand parents must have bought the property, surely? He doesn’t think he’s going to be given a council property to do what he wants with. He can’t think that! Bet it’s an ex council flat that was purchased by his grandparents. Has to be.

Hekatestorch · 15/08/2021 12:57

The child of my mother's neighbour had her own house but moved in with her mother a year prior to the mother's death and let out her house. She was then able to take on the council house, hopefully councils have tightened up since then.

A neighbour did the same and lost the house. Her adult son was evicted and she lost the tenancy.

gurglebelly · 15/08/2021 12:57

On the other hand, if he IS given it that easy (I know he won't be, I know the system is flawed but not THAT flawed) then he would let his brother and sister live in it rent free until they finish studying, and then sell it or rent it I suppose

Sounds like he is massively confused, because even if the tenancy passed to him (which would be unlikely seeing as he doesn't live in the property) it would only be the tenancy that passed to him not the property - so rent will still be owed and he wouldn't have anything to sell....

Bythemillpond · 15/08/2021 13:00

Work colleague years ago moved into the wife’s parents council house for a year and was added to the tenancy agreement.
Colleagues wife then got pregnant and had a baby.

With the baby as well as 4 adults it was deemed over crowded so the parents were then given a flat for the the over 60s through the council

Colleague and wife were then solely on the tenancy and then able to apply to buy the house through the new right to buy scheme and for some reason they were able to takeover the number of years lived there that the parents had racked up so they got a hefty discount on the house.

If he wants to inherit the council property you need sell and go and live with them, get put on the tenancy for a more that a year and then either parents can claim they are over crowded and need a place of their own and you takeover the tenancy or wait till they go into a care home or until they both pass
Or you could help them buy the place from the council even if you have to put the money up yourselves.

Eralos · 15/08/2021 13:02

Oh dear op. Oh dear. Is he always this simple?

Farevalah · 15/08/2021 13:02

Theoretical question -
If he was on the tenancy and 'inherited' it, could he then purchase the property at a very low price and then sell it on? Would imagine there'd be a hefty profit in London.

(never rented but just curious!)

NinaBallerinaShoes · 15/08/2021 13:03

Let’s just imagine he gets the tenancy. Would you be happy for him to pay towards your mortgage and rent on the council house and two lots of council tax to enable his brother and sister to live there for free?

Imnothereforthedrama · 15/08/2021 13:03

No a relative of mine has lived in their council house for more than 40 years now elderly never bought it .
When they pass it will go to the council for the next family . I don’t get how your partner think this will happen unless he thinks they have bought of the council .

Imnothereforthedrama · 15/08/2021 13:08

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

Oh well that’s different , you’d still pay rent etc but if it’s a bigger house / cheaper rent etc then I can see why you’d want to but I don’t think next of kin get the house inherited unless they already live there .

iheartredsquirrels · 15/08/2021 13:08

He really ought to clarify the situation with the council before getting carried away with this idea.

Shanghaisprize · 15/08/2021 13:11

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

Actually being on the tenancy agreement is not necessarily needed for succession, just proof of having lived there for the necessary time. And AFAIK, these situations are more likely to occur In the older type secure council tenancies than more recent HA ones.

Being able to pass a tenancy on (once only usually) WAS a thing, for a long time. Then they sold off and failed to replace all the housing stock, which helped to create a huge SH shortage, which made passing on unfair and untenable. But if the agreement they signed years and years ago stipulates a right to succession and an eligible person fulfils the criteria set, then that would be their right (legally if not morally).

I get that OP's DP and the siblings who had never lived there wouldn't qualify, I'm just making the point that it can and does happen, especially with very old tenancies. As does bedroom tax free huge under-occupancy of family sized properties by elderly people or couples. No, it isn't fair but it is how it is.

TheQueef · 15/08/2021 13:12

@Farevalah

Theoretical question - If he was on the tenancy and 'inherited' it, could he then purchase the property at a very low price and then sell it on? Would imagine there'd be a hefty profit in London.

(never rented but just curious!)

Depends again

RTB and RTA have different rules but theoretically yes. However if you sell within a certain time (varies but five years is common) you have to repay any discount. Some have first refusal clauses too so you would have to offer it back to LA/HA.

aerosocks · 15/08/2021 13:14

You can't argue with stupid OP, so if I were you I'd stay out of it and just let him believe what he wants to believe.

He will find out in the fullness of time.

sashh · 15/08/2021 13:14

On the other hand, if he IS given it that easy (I know he won't be, I know the system is flawed but not THAT flawed) then he would let his brother and sister live in it rent free until they finish studying, and then sell it or rent it I suppose

PMSL

So not only does he think he will inherit it he also thinks he won't have to pay rent.

Unless his parents have bought the flat and leave it to him in his will he is not just on the wrong page he's in a different library.

Inheriting tenancies is about not throwing people on to the street when their spouse or parent dies.

LopsidedWombat · 15/08/2021 13:15

OP hasn't suggested that he has any dubious intentions, only that he has some funny ideas about the way it works. If he's still listed as a tenant and did subsequently inherit the flat as a sole tenant I presume it would all become clear when they asked for evidence of his living there which he would tell them he hasn't for five years and that would be the end of it?

Shanghaisprize · 15/08/2021 13:17

If he was on the tenancy and 'inherited' it, could he then purchase the property at a very low price and then sell it on?

Theoretically, sometimes, yes (rare though I'd imagine. But his RTB would depend on the amount of qualifying years he spent as a tenant there, not the length of time his GP's were the tenants.

CornishTiger · 15/08/2021 13:20

When one of the grandparents die the other will succeed to the tenancy via survivorship.

This is the legal succession to the tenancy complete.

On the sole tenants death it would then pass back to the Housing association.

Anyone living in the property may be given use and occupation whilst a homeless application is considered. It is unlikely a further tenancy will be granted based on grandparents tenancy.

CornishTiger · 15/08/2021 13:24

It sounds like he was put on the tenancy as a occupant.

It is very unlikely he was ever an actual tenant - cross generational tenancies are rare. Our HA don’t do them. Neither do others in the area.

If he had been an actual tenant and then removed from it via deed of assignment then that is the succession done anyway. When partners separate the one leaving can do a deed of assignment to the one staying. That is then the succession rights done. No further successions will be granted.