To worry about council tenancy?

[Freakeout]

I don't want any perfect MNs lecturing about their mortgages and how well they done.
This is very serious. I've been given a terminal diagnosis. Oldest DC is 16 atm. Has 4 younger siblings ranging from 15 to 8.
I may live 2 years. House is local authority, I'm sole tenant as the only adult.
At what age can a I add DC to the tenancy so they have somewhere to live and, hopefully, bring up their younger siblings?

A 16-18 year old cannot live on their own, manage a house and 4 other children. It isn’t fair to put that pressure on a child and it’s likely social services would step in. You have bigger issues than your tenancy. I say this as someone who did move out at 16 and had a child at 18.

I'm afraid that I agree. But you could speak to your council to see what the practicalities are of adding her, then speak to her about what she wants to do. She may not want to live there or have that responsibility.

I should also say I am sorry to read of your situation and really hope you're being supported x

My parents are likely to outlive me but couldn't live in my house as my mother has used a wheelchair for 20 years. My father is capable of helping DC with the kids though

I'm sorry for your situation. 💐
I understand that you want your 4 children to stay together rather than being split up.

Maybe it's possible with the help of social services or relatives beeing close by. If the older 2 are willing to care for the younger ones.... it's a huge responsibility and needs to be discussed with your DC first.

Sorry to hear this, what a truly worrying time for you. The possibility of losing you, their home, and then being split up, must be really troubling for the kids too.

Shelter have some sound advice. It’s worth clicking through to under 18s claiming universal credit. You need to get a social worker involved, as they can help keep the children together in the home. Otherwise there is a real risk of those under 16 being placed in foster care.

england.shelter.org.uk/professional_resources/legal/housing_options/young_people_and_care_leavers_housing_rights/tenancies_for_children_and_young_people

From the shelter website -

Succession and assignment for 16 and 17 year olds
To succeed to a tenancy after the death of the tenant, a minor must fulfil the relevant statutory criteria for succession.[7]

The tenancy can be held on trust until the young person reaches 18 years.

When the tenancy permits assignment and an adult tenant attempts to assign a tenancy to a minor, the assignment does not transfer the legal title but automatically creates a trust. The adult tenant is the trustee, unless someone else is named as the trustee.

Rights to assign a tenancy depend upon the type of tenancy.

Last updated: 18 July 2022

Thank you but I have no idea what this means

Speak to Shelter. They are the experts in this. Good luck

My older 2 are desperate to care for the others and will do a brilliant job supported by my parents. As long as they have somewhere to live, which is the only issue (other than me, obviously)

Speak to Shelter, they can advise you how to transfer the tenancy into a trust to be held ready for your children for them to take it on when they reach 18.

But who would hold the tenancy in the meantime?

Speak to Shelter.

When the tenancy permits assignment and an adult tenant attempts to assign a tenancy to a minor, the assignment does not transfer the legal title but automatically creates a trust. The adult tenant is the trustee, unless someone else is named as the trustee.

I understand this to mean that you can assign the tenancy to your eldest (or possibly eldest two) and they will inherit the tenancy when they are 18. You could appoint your father as the trustee.

I think the council may well support this, perhaps with some involvement from social services.
(I’m assuming the children’s father is not involved.)

The Gingerbread helpline should be able to offer support and advice as well.

Your father as trustee would oversee the tenancy on behalf of your children.

It’s not about as long as they have somewhere to live. What about income? Education? Who is going to providing for 5 kids?

I did exactly that at 16! This was in 2001 though

Also speak to CAB about your eldest becoming the younger dcs guardian and claiming child benefits and UC for them.

Make sure you are getting the disability benefits you are entitled to now. Also the 16 yo could possibly claim carers allowance.

You need thorough advice based on all your particulars.

Also if the father is on the BC of under 16s he is responsible and can have them in his care regardless of your wishes.

Sorry that you're going through this.

You need to find out what sort of tenancy you have.

Some older tenancies can be passed on once.
Others cannot be passed on.

First, find out if you have a tenancy that CAN be passed on.

Then, ask your Council how to do it.

You need to talk to your housing officer to find out exactly what the rules are for your individual house and inheriting the tenancy.

As someone who became the guardian of my sister when my mum died when I was 19 I would say put as much support in place as possible for your older kids. They might be keen to do it but at this stage they won't be able to understand exactly how difficult it will be practically and emotionally.

If there is a young carer's organisation in your area then they can support your children throughout your illness,

Speak to your landlord as this won’t be a unique situation sadly and it’s very possible that your eldest can succeed to the tenancy Once 18 and maybe the others too when they reach 18. But you need to speak to your landlord to find out. They will help you.