To want my daughter to inherit my council tenancy?

[cultjarteriaky]

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.

Where I am (NI) I don't think they force a single person with a disability to relocate after bereavement (and I hope you've many years ahead OP!) Maybe if it was a four bedroom house but I couldn't see them getting too severe over a two-bedroom flat. I think they take the view that a disabled person may need occasional, or frequent, care involving stopovers and may need the extra room.

There are multiple different types of tenancy. The more modern ones cannot usually be passed on, but it is complicated. So, first, find out what type of tenancy you have (eg assured shorthold) and then go to Citizens Advice, and they will help you to work out your rights and options.

Yes, I'd definitely contact Citizens Advice as well as Shelter. Your local CA will know your local authority's rules, while Shelter will know the rights and exceptions that might apply for your vulnerable daughter.

Assisted living would be better surely? Is she able to pay the bills and get the food shop independently? What happens if shes off her meds? Can she still function? If she cant, then think about putting her into assisted living now. Ring the council and ask the rules regarding your question.

I think it depends how many bedrooms you have. If she is a single person in a two bedroom property they will rehouse her in a flat/one bedroom property. It may be different if she has autism but the only way you will know for definite is by contacting your local council.

I think it might depend on your local council. I know that our local council used to allow you to transfer your property once but then it can't be transferred again - so a parent could transfer its tenancy to their child at 18+, but the child wouldn't be able to do the same for their child or partner/sibling etc and would have to hand the keys back to the council once their tenancy was over.

Having said that though, I'm not honestly sure if they still do it with the shortage of social housing and the issue of bedrooms per property etc, although in our town, our council has just put a lot of money into building "affordable homes", so it may still be a thing with our council.

Housing officer here - check your tenancy agreement, this will list your succession rights.

Even if your daughter doesn't have the right to succeed the tenancy, especially as a vulnerable person, the council would support her in finding a suitable home before making her leave your property.

This type of abuse of the system used to be very common, the daughter of a neighbour of my mother rented out the house she owned, moved in with her mother as a so-called carer and was allowed to 'inherit' the tenancy when her mother eventually died, despite having the proceeds from her house rent surreptitiously stashed away. Not sure if it's still so easy, this was a long time ago.

I’m going back about ten years here - but SIL inherited MILs tenancy despite not being on the tenancy (she lived there, but wasn’t I think named). We had to do groundwork to prove that she lived there (bills, a letter from the GP and even the local priest etc).

They can only be passed once. When my DP dies I’ll be kicked out within a few weeks because this was his mums place. We were here when she died. DP was put on the tenancy a few years before though, not sure if time makes a difference.

No it really isn't firstly most people won't be considered for a council tenancy if they already own a home and secondly a tenancy can only be inherited once
So I have a joint tenancy with my DH if either of us were to die the other would succeed the tenancy as a single tenant, it can't continue 6o be passed down to our kids etc.

People don't like it but I would look into Right to Buy, it would solve most of your issues and it's not as if you are flipping it to make a profit, you would have a sizable discount if you have been there for years. It would mean your daughter could stay in her home and maintain her routine with space for a carer if necessary.

In terms of future repairs as a leaseholder you would be liable for a portion of those carried out on the building which is worth looking into.

Many councils will buy back council property if you decide to sell up and you often have to give them first refusal on buying it if you sell within X amount of years.

OP

No offence to those that tried to help but it is really simple

Contact housing dept and ask them straight - then ask them to confirm via email/ltter etc so you have the evidence
IMO, the answer in no but it wont hurt to see what they can say, reassurance etc etc

good luck

Why do we even bother with social housing when stuff like this happens?

I know two young vulnerable men who both got to stay in their council homes after their last remaining parent passed away and the tenancies transferred to them. Neither were joint tenants prior they were just on as dependents and one was a 2 bedroom house, he didn’t get pressured to move. I would contact them and ask about adding her as a joint tenant though for extra peace of mind.

I work in social housing. They are unlikely to agree a joint tenancy but there will be succession rights if there has not been a previous succession.
They may require her to downsize to a smaller property which meets her housing needs.
Why don't you contact the council and ask them?

In my borough you can. They need to be living there as an adult for 12 months then you can add them I think. Info should be on the council website

In our area it can be transferred once to a child of the tenant, my daughter is 17 this year so when she’s 18 I’ll put in motion if I die then tenancy can be transferred to her. We have no other family so this will ensure both my kids have a home.

I've got a friend who gave up her private rental, to move into a council property to care for her Dad. It had been her Dad's place for about 20 years. She was able to go onto the tenancy as a shared tenant. She was paying the rent/bills, if that makes any difference. She was able to inherit it when he died, about 3 years ago, and still lives there. She's in a 2 bedroom alone, and asked if she would be made to move, and they said no (partly because there's a shortage of 1 bed's in the area), and not sure if she pays the bedroom tax. But they definitely said she wouldn't be made to move. I know, because I went to the meeting with her, after her Dad died, to advise them he was deceased.
Good luck. Sounds like it's been your daughter's home, and she needs that.

It is probably worth enquiring with the LA but we are talking many years down the line and the rules will probably have changed.

I think there is a Pre-2012 rule and a Post-2012 rule. If your secure tenancy date from pre-2012, a child living with you has an automatic, legal right to inherit the tenancy on your death . If your secure tenancy dates from post 2012- they have no automatic legal right to inherit the tenancy, but a council might allow them to.

Bastard Tories sell off council houses and drastically reduce availability, then remove inherited tenancy rights for children.

It doesn't as I have said a tenancy can only be inherited once ,so as a joint tenant with dh ,whichever of us dies first the other will succeed the tenancy as a single tenant
It can't continue to be succeeded by other family members.

The Tories have done the right thing in this instance. Why on earth should children have tenancy rights over a council house?

The parents do not own the property, it is public property and should go to those in need, which may not necessarily be the DC.

Why shouldn't they ? If they live in the home with their parent, why should they lose their home if their parent dies? Public housing should not mean your child can just be thrown out if you die when it is also their home.

A child would not be thrown out of a private house that a parent owned.

My parents rented council property from 1969. My mother (who died last) died in 2014. I was not living with her but had I been I would have been able to stay on in the property which had been their home for 45 years and mine for 22 of those years. I would only have been living there if I had not been able to buy a property- which I did at 22. Why should I have bern turfed out?

Council property is social housing, it was always intended tooffer long-term homes to families who could not buy their own property. It was never intended to be run like private landlord property.

I really fucking hate the tories but agree with this.

My xh was obsessed with being able to inherit his mums house when she died and couldn’t understand that the family did not own the house.