Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want my daughter to inherit my council tenancy?

124 replies

cultjarteriaky · 22/05/2024 08:39

I know this is polemic but hear me out

I’m in London

I was lucky enough to become a council tenant some years ago after homelesnees through not fault of my own - the private landlord I rented from wanted to move back in his flat but as a newly single parent (divorced because of DV) I could not afford to rent anything on my income (I worked PT at the time and landlords would not accept benefits as part of income) - so after eviction and going through B&B and temporary accomodation, I got a 2 bedroom flat.

I have no family and DD’s father is an alcoholic whom we have very little contact and interaction with.

DD has MH issues, is agoraphobic and autistic. She is 17 but left school without GCSEs and is doing online tutoring to sit functional skills exams. She struggles with depression and anxiety and worst without meds.

Can I put her name in the tenancy when she turns 18 next year and would she be able to be here when I die? I’m constantly stressed that if I die suddenly, she will have nobody and will be completely lost. She is high functioning yet highly dependent when it comes to life admn especially since her agoraphobia. I just want to slowly get her prepared and thinking about it.

Also she’d probably be entitled to only 1 bedroom so can she inherit the tenancy but then swap our 2 bedroom to a 1 bedroom? I guess she will have a caseworker from adult social care to help her navigate all that.

Anyone know the answer? Google gives me mixed info and I’d rather have an idea before contacting my Council.

Thank you.

OP posts:
Thread gallery
8
Confortableorwhat · 22/05/2024 08:42

I have a friend with learning difficulties, who lived in his mother's council house all his life. When she died, he was given longer than the usual time allocated and they didn't make him move out until they found him a flat, but he couldn't stay in the family home.

wombat15 · 22/05/2024 08:44

I don't know if it is still the same but where I live tenancys could be transferred once to a family member that lives there, (although not after that). So there is a good chance.

x2boys · 22/05/2024 08:45

I don't think anyone on here can tell you as all councils will have different rules ,when I moved into my housing association house we were told there could only be one succession of tenancy and as I'm joint tenant with Dh ,if I die before hom he success me as a single tenant and vice versa but that's just anecdotal.

Mrsjayy · 22/05/2024 08:46

You would need to contact your LA although you can here do exactly that, my friend has her ds back living with her and he is on the tenancy.

Speak to your housing officer and definitely put her as joint tenant if you can,

GabriellaMontez · 22/05/2024 08:48

Yanbu. Sounds like a sensible plan.

Why would you be unreasonable?

Check the procedure with your HA because they're all different.

5128gap · 22/05/2024 08:48

You need to find out the rules in your own local authority on this. But your best bet is to get in touch with Shelter for impartial advice on your options.

Walkingtheplank · 22/05/2024 08:49

I have a single colleague that 'inherited' his late mum's 3 bedroom council house

I'm sure that it could have been put to better use with a young and lower income family in it but it was never in doubt that he would be able to take over the tenancy.

Fizbosshoes · 22/05/2024 08:50

Is there anyone at the LA you can discuss with?
They might not all have the same policy so MN own experience might not be the same.

If she is not able to stay on the tenancy then hopefully they could signpost you to other services that would help in that situation.

ronswansonstache · 22/05/2024 08:50

You will need to speak to your own local authority but in my (inner London) LA, a child can inherit the tenancy but if they are 'over occupying' according to need they may be subject to bedroom tax on any benefits. The LA where I work currently offers a lump sum for downsizers and in this situation they would have the points to downsize and also receive a payment, although it would be advised to do so quickly after the tenancy is transferred so the lump sum is not eaten up by bedroom tax.

lhlh · 22/05/2024 08:51

YANBU to want her to.

I think council rules will vary by council though. Good luck.

MoonlitPeaGreenBoat · 22/05/2024 08:51

Contact your local authority and ask them about their succession policy

Feverish · 22/05/2024 08:51

My friend inherited her grandad’s council tenancy in London. She had been living there with him for years. I do recall she had proof she had been paying rent and bills there though. I hope it works out that your daughter can go on the tenancy. 🤞

saraclara · 22/05/2024 08:53

5128gap · 22/05/2024 08:48

You need to find out the rules in your own local authority on this. But your best bet is to get in touch with Shelter for impartial advice on your options.

I was about to post both points here. I'm in communication with my local council re my late mum's extra care flat (for different reasons) and I'm surprised how much variation there is between local councils' rules. In my case the council has been much more reasonable (re clearing it) than the councils of several friends who gave me dire warnings about their experiences of the same thing.

But shelter will still be able to advise you on how to approach your council.

Ciderlout · 22/05/2024 08:53

I would call them and ask. Considering DD has MH issues and ASD it would cruel if she couldn’t stay

Saschka · 22/05/2024 08:54

Walkingtheplank · 22/05/2024 08:49

I have a single colleague that 'inherited' his late mum's 3 bedroom council house

I'm sure that it could have been put to better use with a young and lower income family in it but it was never in doubt that he would be able to take over the tenancy.

It used to be the case that tenancies could be easily passed on, but some councils have tightened up the criteria (ie some London council houses are worth millions - passing a tenancy on to a child who doesn’t even live in the house so they can sell it on or rent it out and make a massive profit is not a great use of council resources).

No way of knowing without OP checking on what the rules are for her particular council - might be very straightforward, or might not be allowed.

TwattyMcFuckFace · 22/05/2024 08:55

Surely this is an email to the council?

They'll tell you for certain.

2dogsandabudgie · 22/05/2024 08:59

Do you have an Autistic Trust in your area, if so I would get in touch with them as they have Adult Services who would be able to help your daughter if anything happened to you. It might be that your daughter would be better living somewhere like an assisted living complex. They would be able to advise you on what options you have and what is available in your area.

BobbyBiscuits · 22/05/2024 09:03

It used to be that you could pass it down once. So parent can pass to child etc. But I think it needs to proven that the person is living there, which she is. You need to speak to your housing team as the rules are very varied now.

saraclara · 22/05/2024 09:04

TwattyMcFuckFace · 22/05/2024 08:55

Surely this is an email to the council?

They'll tell you for certain.

The thing is, it's always good to get advice before contacting them. The way you approach them (and making sure that your email goes to the right person) can make a big difference to how they respond to you. So a call to Shelter or a disabilities group can reap rewards, and also give OP confidence in how she communicates when she approaches the LA

5128gap · 22/05/2024 09:05

I would stress Shelter first OP before you approach your council. The council have no duty to advise you in your personal best interests, only to provide you with factual information, and that information will only be what is correct now. So, your DD may have the right to inherit now, but this could change, and when the time comes, that right may have been removed, or may be a right only to be rehoused, rather than to stay in that property. There are many possibilities and Shelter are a trusted agency to advise on the best way forward.

Genevieva · 22/05/2024 09:08

Don’t burden her with h being the main tenant, but do talk to the council. I thought council houses could pass down one generation. They used to be able to. Either way, the council are not going to make her homeless if you die.

PencilsInSpace · 22/05/2024 09:13

If you have a secure council tenancy this will automatically pass to your daughter when you die, as long it's her only or principal home at the time of your death, and as long as the tenancy has not previously been inherited. This does not depend on local authority rules, it's a statutory right for secure tenants.

If your daughter would be underoccupying the property the LA can (and usually does) transfer her to a smaller property.

Okbyethen · 22/05/2024 09:13

Where I am she would do a succession to the tenancy (not the property) however unless she has a child she would be under crowding a 2 bed property so the council/housing association would move her to a 1 bed.

Where I am though changes to tenancies can only happen once. For example if you put a boyfriend or husband on the tenancy to make it joint that's your one tenancy change done and if you passed away your DD would have no right to the tenancy as it would stay with the joint tenant.

Definitely check your tenancy agreement or give your council/housing association a call to confirm what the rules are.

5128gap · 22/05/2024 09:15

Genevieva · 22/05/2024 09:08

Don’t burden her with h being the main tenant, but do talk to the council. I thought council houses could pass down one generation. They used to be able to. Either way, the council are not going to make her homeless if you die.

Unfortunately not making someone homeless is not the same as allowing them to continue to occupy their current home. How local authorities discharge their homelessness duties is hugely variable and resource led. This can in some cases be as little as a signpost to the private sector, or could be a hostel, B&B or a property far less desirable than her current one. The OP is very wise to be thinking ahead.

OpusGiemuJavlo · 22/05/2024 09:15

I hope this works out ok OP.

We have neighbours who are council tenants. When we bought our home the tenant was an elderly man who was living alone but had lived there for decades anf brought up a family there with his (deceased) wife. When it started to be clear that he was drawing to the end of his life one of the (adult) grandchildren tried to establish themselves as co-tenant in order to inherit the tenancy but wasn't actually living there full time and the attempt failed so the house passed to an unrelated family.

Obviously in your case she's genuinely living there, but my point is you do need proof. I don't know what proof is needed so you need to find out well in advance.