Succession of tenancy /under-occupation

[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.!

Its been a while since I worked in housing but it's more than likely the council will look to transfer the tenancy to a smaller property. It's the tenancy that it secure, not the property iyswim?

Presumably your brother has a place of his own if he is only staying with you during bad episodes of mental health? That wouldn't be enough to qualify you for an extra bedroom.

A non relative, non authorised occupier living with you won't qualify you to remain in a three bedroom home either regardless of the fact she was your mother's co-carer. Presumably the ex career is an adult and if they are working full time they would be expected to deal with their own accommodation or apply for to the council as homeless.

I'm sorry as I suspect this isn't what you wanted to hear.

for your loss

The council can take steps to evict you if you inherited the tenancy as the tenant's relative or cohabitee, but it must provide alternative accommodation.

The council must give you notice to leave between 6 and 12 months after the tenant's death or the date it became aware of the tenant's death if this is later.

england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy