Sucession if tenanvy Advice

[melissalemon]

Hi, my mum passed away a week ago, I was living with her for more than a year before she passed away. I know I have the right to succeed her council tenancy and the council has sent me a succession form. However i am unsure at weather they can evict me from the three bedroom house and offer me a smaller place. The reason i am unsure is because at the moment i leave with two other people, non of whom are family, so technically i m not under occupying. One of the persons living with me was helping me care for my mum before her death. I also have a brother with severe metal health problems who comes and stays with us when he gets bad episodes, if i was moved to a one bedroom flat i would not be able to care for him. We are full working adults and we don't claim benefits. Any help on this issue greatly appreciated.!

So, are you technically subletting or having lodgers and you’re not on the tenancy? Will the carer leave now your mum has passed?

Guidance here:

Hi. First of all, I’m really sorry about your mum. Are you beating up OK?
I haven’t worked in this field for a few years, so this may be ropey.
They probably won’t force you out if you have suceeded the tenancy.
They may on receipt of your paperwork decide you don’t meet the criteria for succession.
The HA/council might ask if it is necessary you and the people living with you need to live together. They may also look at if you qualify independently for social housing.
It would also more likely be your brother who has the need for an extra bedroom for a carer than you needing an extra bedroom for your brother as he needs the care. IYSWIM?

Where would you live if you didn’t live here, could you afford full market rents/a mortgage?

Also - the other people living with you? Are you illegally subletting as that’s often grounds for eviction

Hi, my name is in the tenancy, I am an authorised occupant. This is the thing, my mum has passed away, but i don't want to leave them in the street for this reason alone in the middle of this pandemic also. I am the one paying the rent so i don't think they are lodgers. This is all very recent.

Does they carer live there rent free?

Sorry to hear about your mum. Difficult time for you

No one here can answer your question.
Provided your mother wasnt herself a successor (either a Joint to sole tenant on the other JTs death, or succeeded from someone else) and your mums tenancy started after 1st April 2012, you will be able to succeed.
Often though councils will seek to move you to a property that is mo more extensive than the needs of your household.
Who counts will be up to your landlord to decide. A former carer may count (but is pushing it) other lodgers very unlikely.

Thank you, yes they live rent free, so i guess they are more like a guest.

Thanks for your help. Yes, my mum did not succeed her tenancy, so i think i will inherit it. Thanks for your messages, very helpful. The question was weather the council would be looking to move me into a smaller property, and it looks more likely this will be the case.

Yes I think you should prepare yourself to be offered a smaller property to free up a family home as you will be under occupied.
All the best

Yes. It’s likely the housing association will like to move you.
Is there a reason you must stay