Desparately need advice on a sad situation and not sure where to turn. Will my 17 yr old niece be able to stay in the council flat if her mum passes away?

[Janieread]

My dsis had a liver transplant last week (many years of alcoholism), sadly despite initially going well she has internal bleeding and has gone back into surgery. The surgeons were very bleak about her chances of even making it through the difficult and complicated surgery, as she is now extremely poorly.

I am currently staying in her flat to support my 17 year old niece. Her dad isn't on the scene. The flat is about 150 miles away from my own home - I have three children and am married, my fil sadly died a month ago.

What will happen to my niece if my dsis dies? She is currently at art college which she loves. She can of course come and live with me, but we live very rurally with no art college near by. She's currently in a city which she loves as she exists solely on takeaways - no delieveroo near us! Can she stay in her council flat if my dsis passes away? Then I could come up for part of each week.

I know if she passes we'll be almost too devastated to care, but I'm trying to work out what to do before the worst. I have contacted my dneices dad but he wasn't interested.

Any advice or kind words appreciated!

How close is she to 18?

So sorry you are all going through this. Very sad

The tenancy can be inherited by your niece. However in reality can she afford a tenancy and bills etc I assume it’s at least 2 bed, but I would take legal advice on both the LA’s responsibility to house her and access to benefits, hardship etc. Shelter would be a good start.

When is she 18

I’m very sorry for your sad situation and hope that your worries prove unnecessary and your sister makes a good recovery.

As far as the situation with the flat I would suggest that your niece, or you on her behalf speak to the housing team at the council. The answer will depend on a number of factors, how long your sister has had the tenancy, if it’s always been in her sole name, council policy etc. As your niece is under 18 it may also be worth talking to Social Services who will have a responsibility towards her if her mum dies.

How close is she to 18? Under 18’s would need a guarantor to succeed the tenancy and that’s only if the tenancy hasn’t been succeeded previously (only 1 succession is allowed) how many bedrooms does the flat have? If they do allow her to succeed the tenancy they might not let her succeed the property so she would have to move somewhere but the council should assist with this.

How would she pay the rent, utilities, buy food etc?

Please don’t type things like this, it’s just not accurate that the niece will necessarily be able to ‘inherit’ (succeed to) the tenancy, in fact it is quite unlikely. OP needs to speak to the Council to find out the situation. Because of her age OP’s niece will not just be made homeless and if necessary Social Services will get involved

She will be 18 in February. Its a two bed flat.

It is possible under succession rules for a household member to take over the tenancy on the death of the holder. However at 17 your niece is still classed as a child so you should clarify the situation with the housing provider.

OP needs to speak to the Council to find out the situation. Because of her age OP’s niece will not just be made homeless and if necessary Social Services will get involved

Thank you. I will do this if we get the worst news. Will I just be able to take her home with me?

It will depend on the policy of the council really. Tenancy can be passed on once usually but I imagine this could not be done until she is 18. I imagine social services would be involved as she will need to find money to live off. She may be eligible for benefits if she has no parental support. Social services would be best placed to advise. Sorry to hear what you are going through.

When will she be 18?

A lady from my year at school died from cancer over the summer and her son inherited the tenancy. However, he will soon be moving to a flat suited to 1 person because of “under-occupancy” ….the house they lived in is needed for a family. In short, the housing association had to house him in the locality but not exactly where he was.

He turned 18 shortly after her death.

I would talk to the housing officer on Monday OP.

I am very sorry about your sister.

Sadly it’s unlikely

Thank you. She has no family near by. I'm not sure I can bear her living alone with noone around after the death of her mum.

If the tenancy started after 1 April 2012 she would not be entitled to succeed even if there has been no previous succession (unless there is an express term of tenancy or Council policy which gives her this right)

@QueenCarrot how is it not accurate? I’ve had a15 year old inherit a tenancy in exactly these circumstances, at work. I didn’t say her niece will inherit I said can. I also advised legal advice.

Nobody here can advise, it's very individual and will depend on the rules the council have and the particular tenancy. Sorry you are all going through something so difficult

The problem is even with benefits in place, housing element will not pay for 2 bedrooms. They will only pay a shared accomodation rate until she is 35 which will no-where near cover the rent and she has no means to pay the rest herself. Unless there are special rules for young people in this situation she is not going to be able to afford to stay there long term. maybe with financial help from family or if she can find a part time job she may be able to stay there in the short term until she finishes her course.

Very sorry to hear this, an exceptionally hard time for you all.

I'd also speak to CAB to get advice about managing her affairs at different stages. Sounds like you might also need to look into power of attorney too, or at least getting something from your sister signed to give permission for council and utility companies etc to discuss things with you. Really sorry you are going through this.

Actually this is incorrect. Social services only help children age 17 and over if they were in care at least two weeks before their 17th birthday.
I speak from experience of being made homeless at 17.

Childrens services won’t get involved, they will suggest OP takes the child.

OP the advice to speak to shelter is good, dniece will have to cut back on the takeaways to pay rent. I think you and she need to factor in the possibility that she might need an extended leave of absence and to return to her studies once she has grieved and found her feet in the world.

Losing a parent at a young age really does a number on you. 💐

If eligible to stay with your support initially, I wonder if she could (in time) get a fellow student to lodge with her to make up for the bedroom tax?

She'll probably absolutely hate living with us. She's very young for her age in some ways. She doesn't see mess, didn't know how to use any of the kitchen stuff. This morning she ordered a Starbucks despite me offering to make her breakfast. We never get takeaways, none near us. We all muck in, we have farm animals. I'd like to think it will be like Enid Blyton and she ends up loving her rural existence but I can't imagine that will happen. I'm also starting a new full time job in January. Sorry if I sound unfeeling I'm just trying to work through everything.

You’re not sounding unfeeling - you’re trying to be practical while your heart is breaking. I’ve no advice but am wishing you well.

You don't sound unfeeling at all. You're trying to work out what's best

Thank you. That's exactly what I am doing.