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.

With the majority of lenders, you don't need a deposit for Right to Buy - they count the discount (based on the amount of time you've been there) as the deposit.

Remember, lenders don't care whether you've saved a bunch of cash or not; what they're concerned with is whether there's equity in the property (ie the property is worth more than the amount they've lent you). The more equity there is, the more likely it is that they'll be able to get their money back if they need to repossess it.

We bought ours with zero deposit, and roughly 40% discount (after living here for 15 years).

The point is...if you've been living there for 5 years or more (I think), you can use the Right to Buy by only paying for the legal fees (less than £1000, usually).

I suggest you ask your council what their rules are on succession of tenancy - but make sure you find out before you take any action.

My council allows for only one succession of tenancy.
My parents were both on the tenancy, and when my mum passed away, they removed her from the tenancy and this counted as the ‘succession’ so no other successions will be allowed, meaning that my sister, who we thought would be entitled to the house when my dad passes in the future, is not longer entitled.

In the HA I work at, she couldn't be added as a joint tenant, only a spouse can be made a joint tenant but she would be able to succeed the tenancy if she had been permanently living there as a household member for over a year when you died.

My brother was in this situation when my DM died. We r in the N East, at first he was told he couldn't stay as it was 2 bedrooms, but then they changed their minds and said he could, he's still on his own. Could you make the case that she may need live in support so would need 2 bedrooms?

The only people who can answer this for you are your housing department.

In Scotland the rule of succession (following the death of main tenant) is that the person has to be resident for a min of 12 months. Fully declared on the tenancy that is. Hopefully English law follows that guidance too

With our local authority you can apply for a joint tenancy when she turns 18 which would give you equal rights to the house meaning if anything happens to either of you then you have security

All your benefits are paid for by tax payers. It was through fault of your own that dd's dad is an alcoholic. It wasn't compulsory for you to have sex. You don't have to live in London. And with all the "financial help", you're not on your feet self-supporting and you have another generation that you expect the tax payer to pay for - lifelong. So, what do you do to contribute to society?

That,

good luck 👌🏼

A friend of mine wasn't allowed to stay in his late mother's house when she died because it was a 3-bed place and he was single. If it weren't for the fact that he had a disabling health condition, he would have been evicted, but because of his disability, he was rehoused into a one-bed bungalow.

The council where I live won't allow an adult child to be added to a tenancy, but other councils may have a different policy.

I work full time now and receive zero benefits
And I hope that every single person all over the world have a chance to recover from whatever mistakes or bad choices they make

Ye syou can put her name on the tenancy but I'd also recommend ensuring she has a support worker available to help her if the worst comes to the worst to ensure she manages with bills and any assistance she needs to stay independent. She may end up paying bedroom tax for the second bedroom unless she has a carer who stays regularly or has a reason for another room that is considered an exception to the tax. Unless she's working in which case she'd pay full rent. Either way just ensure she has the support available if something was to happen.

Me, my husband and son are autistic and have differing needs. I can manage with bills but I know my husband couldn't if something happens so as my DS11 is very clued up with maths and working money out it's something I've encouraged with him form the start. I've created a list of what needs doing if something happens to me and vice versa. Which allows the existing family members to stay independent. At this point I have a 3 bed and the 3rd room is for my mum to sleep over as carer to give my hubby a break a few times a week. Due to my mobility needs. I know that means they will pay bedroom tax when and if I die. So I've ensured I have life insurance to make things easier for them.

No, this is not correct. Lots of people cannot get life insurance due to medical history but have a mortgage. It is not advisable but it’s easy to get a mortgage without life insurance. I would recommend eveyrone who can gets insurance, of course. Some lenders make life insurance a condition but it’s not such a big deal.

I was under the impression that a tenancy can be succeeded once, so if you are the first tenant and she outlives you, she will be the second and final tenant.

Please take no notice of posters like that, their main mission in their miserable lives is to goad people on the Internet so they feel as miserable as they are. That person made no real contribution to your thread just bile,

My tenancy could have one change. I used mine up by taking my Ex off my tenancy so now my children can't 'inherit' it automatically. In reality I think they take in to consideration that the house is a long term home for the other inhabitants so it possibly could be passed down if they are likely to need housing assistance and fit the need for the property size.

My mum recently died and my brother, who lived there and cared for her, could take over the tenancy (the one change) because it was his home and he'd lived there over a certain length of time.

You are best to ask your council/HA for the exact criteria of your area.

My LA has the same rules here - I am in Hackney borough and had a secure tenancy for a 2 bed flat from 2003. I ended up assigning it to my autistic DS as I moved out (into a property owned by my now DH). He has been living there on his own for 2 years. He is happier there than he would have been in supported living.

What I would recommend doing now is starting the paper trail for proof that your DD is living there. I always had DS's benefits paid into an account in his own name, for example, although I was his appointee. He actually had 2 bank accounts, one which had all his benefits paid into, then a separate spending account where smaller amounts were transferred weekly. Otherwise he'd blow the lot on payday. I also put him on the water, council tax and electricity/gas bills, and got him a provisional driving licence even though he is too anxious to learn (it is useful for photo ID and proof of address). Make sure you keep all the statements as proof (download them if you opt for online billing, some providers only store them for a year or so). There may be a list on your LA's website telling you what kind of proof they accept.

You will need to read the section in your Tenancy Agreement regarding succession. You cannot create a joint tenancy after the tenancy has been initially created but your daughter should be listed as a household member if she lives with you.

At the point when the tenant passes away, anyone who is 18 or over and has lived at the property for at least the previous 12 months would be entitled to succeed the Tenancy but not necessarily at the same property. The size of the successors household and the size of the property and affordability would be looked at. If a decision is made that she couldn’t succeed at the current property a more suitable offer of a property would be made but only one offer, if it is deemed a reasonable offer and it is refused the council can say she has made herself intentionally homeless.
Hopefully she will have someone who can make a good case for her staying there, familiarity of the area etc.

Her name should be on the rent account as living there, she can inherit the tenancy.

Oh good tips. Never thought about putting her name in the bills, I assumed that school, NHS letters, bank etc would be sufficient

Also good idea her having two bank accounts. I reveive her money as her appointee in my acct and save it there because if I transfer to hers she might spend it all.

I have plans for her driving license but she refuses to have photos taken:(

Another thing that comes to mind now is the electoral roll, if she is registered that proves this is her address right?

My daughter would be happier here too as she is agoraphobic so moving homes would be stressful plus we have the cats which I suspect would not go into supported living with her

Yes as soon as she's on the electoral roll that's proof of address,

I had a relative in a similar situation and as @Confortableorwhat has said they too were given longer and they found him a 1 bedroom apartment.

Do you have someone who can help your daughter navigate all this, should something terrible ever happen? Also, have you spoken to your local branch of the National Autistic Society? I have contacted my branch about numerous issues regarding my autistic child and even when they haven't had information to hand they have come back to me with things that might help. I was just thinking when my daughter was going through a very challenging time they were able to provide me with online support groups she could access anonymously that meant she didn't have the trauma of having to face people but provided an outlet should she need to cry for help. They also pointed me to other people to contact and I'm sure people must have asked them this sort of thing before.

I hope you are able to get the things you need to into place to ease your worry, but won't need them.

Why should people be automatically chucked out of their 'home' just because a parent dies.It is still their home .It's a very inhumane policy .Removing people from their home especially when they have lived there for decades.I have seen the downside to this happening and it is heartbreaking.