Tenancy Anxiety-no right to my home

[FromRushHourwithlove]

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. I am sorry that I don't have advice for you but also please don't take the nastier replies to heart. I think you def need to get better advice - probably Shelter. Good luck to you. I hope it all works out for you xx

Yes that's what I meant. She can surrender the property on the basis that the tenant has died and apply for housing in her own right as she will be able to evidence she has lived in the area over 5 years.

She'd have to be able to demonstrate a local connection which she can only do if she fesses up that she's been living in this property.

Not at all uncommon for subletting to happen in HA properties. I worked I for an HA and it was uncovered regularly. A number of the flats at Grenfell Towers were sublet and there was an amnesty after the fire to try to discover who was living there.

OP speak to the Housing officer for your area, explain the tenant has died and you’ve been living there and apply for over 55 housing.

There's these things called letters, you've possibly not heard of them

That's nasty

Letters that would have been addressed to the legal tenant and if opened would in this case be illegal as have been opened to carry on a fraud

You actually dont for over 55. Besides she does want to be near her family so could demonstrate one if asked

I don’t think that’s relevant really, it’s not like the police are going to prosecute her is it?

I’d worry about talking to the Ho. IME it would almost certainly lead to eviction. Subletting is common of course, but rarely tolerated. Some HAs are tougher than others though.

Honestly op I would apply for over 55s stuff. The reality is it’s the tenant who sublet who performed the (potentially) illegal act. The councils remedy is to evict you upon discovery.

Is it within the same council district you want to live? I’d apply to some over 55s in neighbouring places. They are the few flats that are always available if you fill the criteria where I live.

I think when this comes out I’d probably say you believe he added you as a second tenant and flat post came in his name as lead tenant. You had some paperwork but it’s been 35 years! I rented a flat in the mid 90s and the record keeping was archaic in comparison to now people had rent books and the computers were these clunky things. I bet loads of records were still on paper too, I can imagine more than a few went astray when transferred onto a digital archive.

@FromRushHourwithlove sorry first post is confusing. are you the tenant in your flat or was your deceased friend the tenant?? are you getting reduced council tax for being sole tenant?

Worst thing is, 35 years ago you could have probably wandered in to the office in the morning and had keys given to you by the afternoon to your own place!!

I could understand more if it was in the last 4/5 years where it’s almost impossible to get a HA house and almost as difficult to private rent but 35 years ago, nah……..

I don’t think you’ve done any real harm. You would have needed some form of housing. You’ve paid the rent. Nobody has lost out to you.

Just be honest and tell them what happened and you didn’t think anything of it as you made this your home.

You’ve been a long term tenant and I’m sure they’d be happy to blow you now.

If you've had it for over 35 years I assume you've had to contact them for the repairs and upgrades etc? Have they never noticed it wasn't the original tenant ?

Why does everyone keep taking about council tax?! It’s not related at all. She was the sole occupant, nothing wrong if she was getting the discount.

Completely agree with this. Even 25 years ago!

And all those poor people who are entitled to HA and couldn't get it because of her.

Except those who were actually entitled rather than scamming

I rent a HA house and have done for 10 years and apart from gas and electrical safety checks and repairs (when mainly my dc or dad let them in because I am at work) I have never been checked up on so I can see how this lady has managed to fly under the radar.

OP this is totally the wrong advice but knowing how crap my HA are I would just tell them your now deceased friend discussed it with them 20+ years ago, that the HA accepted it and explain/show you never hid you were living there - they won’t be able to find any records going back that far.

Its pretty easy to get around the various inspections etc in a HA flat. I had one and wanted to go to the USA for a year on an exchange. Didnt want to give up the flat. My nephew who lived locally popped in 2/3 times a week to check the mail. A flat in a block is pretty anonymous and you scarcely saw the other tenants. They probably thought he lived there. If the HA needed to get in for gas/fire alarm/electric checks he arranged to be there. Workmen just come in, do their job, and go. No one is bothered who answers the door so long as the rent gets paid and they get access for their statutory inspections. Anyone asks, my aunt is at work.

Definitely speak to Shelter or Citizens Advice in your area.

Be prepared that you may be served notice when you tell the housing association and you may have to present as a homeless person to score highly enough to get another properly in the area you want. So you would be wise to plan ahead with the advisor for that scenario. The good news is that as you are over 55, and have a significant diagnosis, the chances of finding a place are better.

However, another possibility is after all those years passing, they would let you stay, especially if the record keeping at the HA office has been awful. As original tenant hasn’t been in touch with them for 35 years and the HA haven’t questioned this, their admin must be fairly slack!

Try not to worry, just be as prepared as you can be.

You should have got the original owner to add you to the tenancy OP, did you or the tenant receive housing benefit or did you pay the full rent? How long has he been dead? Have the housing people dealt with you directly?

Maybe there is some kind of loophole that because you have been paying the rent/have bills in your name at the address then you are technically a tenant?

I cant believe they have never realised he doesn't live there lol, im housing association and have to sign for all work that has been carried out. Have you signed off any work that's been done? Fingers crossed you get this sorted

That really depends where OP lives. 28 years ago I moved into a street where a lot of the flats were still council - my neighbour had been on the waiting list 12 years before she was housed. Social housing hasn't been dished out like sweeties in some areas since the 1950s.

I had a massive leak in my HA home that took months to sort and repair plus ended up with the HA paying me compensation because of the delay and not once did I have to sign any paperwork and nor was I there for the repairs. Some HA’s really are crap and only care if the rent is paid hence why people have been found dead in properties because nobody checked on them and the rent continued to be paid - it’s more common than you think.