Council housing experts please

[plumcake2924]

A few years ago, my friend succeeded her late fathers council housing tenancy. My friend has since got married and had a child.

My friend has now been diagnosed with a terminal illness, she has spoke to the housing officer/office for the London local authority who has said as the tenancy has already been succeeded once, her husband and child will not be able to carry on living their once she passes. Is this correct, surely they won't evict a grieving widower and child?

Yes, that’s correct, a tenancy can only be succeeded once. It’s up to the individual council or housing association if they want to waiver that policy at their discretion, but it’s on a case by case basis. Her husband would need to set out his case, which would generally be based around maintaining stability for the DC.

Thanks for the reply

There were changes in the regulations about successions to tenancies a few years ago, meaning that the rules applied by councils and housing associations could be stricter than they used to be (not every HA put in the maximum limit but it meant they could)
She would need to check the tenancy agreement and rules for her local council but it is very possible that the rule applies and he would have to apply for homeless accomodation and seek his own housing. There are plenty of news stories about vulnerable people having to move when the tenant has passed on, eg adult children with health issues/learning disabilities who have to move when their parents pass away.

It's really horrible for those affected. I can understand the rationale behind it - that the tenancy is awarded to the tenant based on their circumstances and that needs to be applied across the board rather than passed down within families - but for outliers like this it feels very punitive.

Is your friend in a position to buy her home? She would get it at a discounted price, and her DH would be able to remain there as long as he can fund the mortgage.

How much notice do they usually give? Would they have to stay put and be evicted by the high court?

It's a London house so very expensive, it would be well out of their price range, even with the discount.

Just to add, if he's someone who would be deemed likely to qualify for the same type of property eventually (eg due to homelessness/vulnerability, the size of the property) as well as the mitigating factors re the potential bereavement and he and the child being established long term residents he has more chance of a discretionary appeal being granted. Its not guaranteed though, due to the housing situation and need for council homes being so dire.

Not sure if plausible but if she could exchange houses with someone, when the new tenancy is signed they could sign it as a couple so on her passing he would still be allowed to live their. To my belief you can no long added someone on to existing tenancy, so this might be the only way.

They won't just kick them out and will try to help them find somewhere but this could a private rental. I think they will give them about a month then they will start with the letters. If evicted it will be harder to private rent as they will have a ccj