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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Tenancy Anxiety-no right to my home

102 replies

FromRushHourwithlove · 23/09/2025 19:12

Not sure if anyone on here would know about housing rights-I've been living in my HA flat for over 35 years-moved here when friend unsure he wanted to live in UK still wanted rent covered for few months-he left and didn't return-we lost touch, just heard he's died, some years ago. I am nearing retirement age now and very scared about how I will continue to manage the 5 flights of stairs as I age and would love to do a swap and live near family but daren't tell HA he's died/I'm here. I've always paid the rent and the HA accept the rent from my bank account (my name's not same as my friend the tenant's). Please be gentle with replies, am so anxious about telling this

OP posts:
50Balesofgrey · 23/09/2025 19:14

You need proper advice from Citizens' Advice or Shelter,

TheodoreisntBeth · 23/09/2025 19:15

So you've been (maybe illegally) subletting a HA flat from the actual tenant?You need to speak to Shelter, see if they can advise if you've got any rights.

Tontostitis · 23/09/2025 19:15

It's not acceptable to sublet a HA flat or house and I'm very sorry you are frightened but this is appalling. Your best bet is to contact Shelter tell them what you've just written here and hope they can advocate for you.

DiscoBob · 23/09/2025 19:16

If you've been subletting off this person rather than being on the tenancy then I don't think they'll just let you stay there. You can postpone telling them the person has passed on as they clearly don't care that the rents been coming from you for years. But eventually you will probably have to face up to it.

My friend was in this position when her mum died. The tenancy didn't allow it to be passed on so she fobbed them off for a while, but when the flat was due to be demolished it all came out and she had to leave.

Could you call Shelter and seek advice from them?

Arlanymor · 23/09/2025 19:16

Shelter can give you advice on illegal subletting - you may have some rights by dint of having been in residence for so long and having always paid on time. But I am
no expert and they are.

Hoppinggreen · 23/09/2025 19:16

You need proper advice from Shelter or similar

Bambamhoohoo · 23/09/2025 19:17

They won’t rehouse you I’m afraid. It a pretty amazing they haven’t caught you. I’m not convinced it’s worth wasting time with shelter or CAB but if you do want to try I’d probably go with shelter.

i can understand why you did it, i dont think you deserve a bollocking from MN which you’re bound to get.

can you legitimately apply for over 55 housing? It’s also housing association and in over supply in many areas

Bambamhoohoo · 23/09/2025 19:18

DiscoBob · 23/09/2025 19:16

If you've been subletting off this person rather than being on the tenancy then I don't think they'll just let you stay there. You can postpone telling them the person has passed on as they clearly don't care that the rents been coming from you for years. But eventually you will probably have to face up to it.

My friend was in this position when her mum died. The tenancy didn't allow it to be passed on so she fobbed them off for a while, but when the flat was due to be demolished it all came out and she had to leave.

Could you call Shelter and seek advice from them?

I don’t think she wants to a stay there I think she wants to arrange a swap to a more suitable HA property 😭

Everyonelikecapybaras · 23/09/2025 19:20

35 years and there was never need for the friend to interact? That's mindboggling tbh.
Over 55s might work. As long as references are not needed

WhereAreMyAirpods · 23/09/2025 19:25

TheodoreisntBeth · 23/09/2025 19:15

So you've been (maybe illegally) subletting a HA flat from the actual tenant?You need to speak to Shelter, see if they can advise if you've got any rights.

For 35 years. Jesus.

You need swift advice not just from housing charities but from a lawyer.

Bambamhoohoo · 23/09/2025 19:28

WhereAreMyAirpods · 23/09/2025 19:25

For 35 years. Jesus.

You need swift advice not just from housing charities but from a lawyer.

Show quote history

Why? She’s under no pressure to do anything right now.
A lawyer would be a huge waste of money.

Woompund · 23/09/2025 19:30

Did you have bills and things in your name with that address?
You may be able to get away with it if so. Tell them you were living there WITH the tenant and the tenant died overseas and you may then be able to apply for housing in your own right.

Woompund · 23/09/2025 19:31

WhereAreMyAirpods · 23/09/2025 19:25

For 35 years. Jesus.

You need swift advice not just from housing charities but from a lawyer.

Show quote history

I don't think she needs a lawyer. She hasn't done anything illegal - the tenant has illegally sublet, she's just paid someone rent to live somewhere.

MiddleAgedDread · 23/09/2025 19:32

Wow, actually can’t believe what I’m reading!
maybe with all the money you’ve saved on market rate rent you could pay for some legal advice.

Bambamhoohoo · 23/09/2025 19:33

Woompund · 23/09/2025 19:30

Did you have bills and things in your name with that address?
You may be able to get away with it if so. Tell them you were living there WITH the tenant and the tenant died overseas and you may then be able to apply for housing in your own right.

No she won’t 😭 the bills are irrelevant and without succession rights there is just no way.

if she wants her own housing she has to start anew on her own benefit

themerchentofvenus · 23/09/2025 19:35

So basically you've denied someone else a HA property for 35 years?

Are you on the council tax?

You need to tell the HA that the tenant has died.

Canonlythinkofthisone · 23/09/2025 19:35

Would you be entitled to bid on a HA property? As in, if you applied "fresh" would you qualify high enough up the rankings due to need/circumstances to be placed fairly quickly?

KellySeveride · 23/09/2025 19:36

It’s not always illegal to sublet a HA home. But you’d need to check the tenancy agreement for that and I doubt you have access to that.

There is sometimes a right to succession which may well be available to you because that was a part of social tenancies all those years ago.

I suspect the chances are they won’t kick you out because that would make you homeless and then you’d have to apply for homelessness housing anyway.

I don’t think it’ll be as bad as you think it’ll be. HA tenancies from 35 years ago were pretty golden and allowed a lot and that agreement still stands currently. It’s only recent/new tenancies that have a lot less rights.

Tiredofwhataboutery · 23/09/2025 19:39

Over 55s HA flats tend to come on the market frequently (they are the only properties that there isn’t a waiting list for where I am) I’m assuming that 35 years you are at least mid 50s. I’d apply for one I where you want to live. I assume you pay council tax in your name at property you are at?

Bambamhoohoo · 23/09/2025 19:41

KellySeveride · 23/09/2025 19:36

It’s not always illegal to sublet a HA home. But you’d need to check the tenancy agreement for that and I doubt you have access to that.

There is sometimes a right to succession which may well be available to you because that was a part of social tenancies all those years ago.

I suspect the chances are they won’t kick you out because that would make you homeless and then you’d have to apply for homelessness housing anyway.

I don’t think it’ll be as bad as you think it’ll be. HA tenancies from 35 years ago were pretty golden and allowed a lot and that agreement still stands currently. It’s only recent/new tenancies that have a lot less rights.

I’m not sure about this. I worked in housing for 20 years until 2015, but many tenancy agreements in place during that time were obviously far older.
I have never seen one that offers succession to an unrelated person (only NOK/ children) and where subletting is allowed this is always at the discretion of the HA- with permission.

You’re right that it was quite often granted, especially back in the day when social hosuing was far more available, but I I have never known a Ha to allow it without permission. They really need to know who is in the property, and have it recorded on their housing system.

Bambamhoohoo · 23/09/2025 19:41

council tax is irrelevant too

Catssuddenlyappear · 23/09/2025 19:42

I see this thread's attracted some nasty scolds looking to put the boot in to a vulnerable person (as usual). OP might well have been eligible for a housing association tenancy at the time, but did this instead, because who thinks that far ahead and the council housing situation wasn't as bad back then.

No advice other than to delete this and try Reddit instead.

The LegalAdviceUK and HousingUK subs are the ones you want

https://www.reddit.com/r/t5_3ntes/s/gStE5eIahO

https://www.reddit.com/r/t5_32g6u/s/5FIi7GddP1

TheGrimSmile · 23/09/2025 19:43

Tontostitis · 23/09/2025 19:15

It's not acceptable to sublet a HA flat or house and I'm very sorry you are frightened but this is appalling. Your best bet is to contact Shelter tell them what you've just written here and hope they can advocate for you.

Oh come on, it's hardly "appalling!"

Original poster
FromRushHourwithlove · 23/09/2025 19:44

Yes I pay council tax, vote etc - all registered at this address. I know how stupid I've been, various excuses and reasons I won't bore anyone with including very
poor MH at times with significant diagnosis, but have always worked and got on with it. Yes I'm well into my 60s now and still stupid. Thanks everyone for replying

OP posts:
Bambamhoohoo · 23/09/2025 19:46

OP stay were you are but apply for over 55s accommodation now and see how you get on. Use your parents (or similar) address in the application.

realistically, you’d be wildly stupid to tell the HA you’re subletting. They will simply evict you. You won’t be in trouble, you won’t be in legal trouble, but you will be evicted (and black listed from that housing association for future rents)