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83 year old being asked to move! Legal advice please

19 replies

Trinidading3 · 18/03/2021 11:39

Hi Everyone,
The council have asked my 83 year old dad to fill out a rehousing form. He does not want to move. He is a secured tenant and lived there all his life. What is the bottom line? Will the council evict him? He is obvious ly at the age where he wants to live his last days in his flat he is fit and healthy. Thanks for any adviceFlowers

OP posts:
GreyhoundG1rl · 18/03/2021 11:40

Is he over occupying?

Trinidading3 · 18/03/2021 11:43

He just got divorced, they are both happy to live in the flat together. The council want them to move out to two single flats. They both love the flat and want to stay they get along fine.

OP posts:
grapewine · 18/03/2021 11:43

They must have given a reason?

grapewine · 18/03/2021 11:43

Sorry, cross post

GreyhoundG1rl · 18/03/2021 11:44

@Trinidading3

He just got divorced, they are both happy to live in the flat together. The council want them to move out to two single flats. They both love the flat and want to stay they get along fine.
That sounds very strange? How do the council know they're divorced, if they're still living in the flat together?
Lizadork · 18/03/2021 11:46

What reasons have they given for wanting him to fill out a rehousing form? I'd ring them to find out why, and whether rehousing is just a suggestion vs something they will enforce etc.

Trinidading3 · 18/03/2021 11:48

They had to inform the council of change of circumstances, they did this and now the Council want them to apply for rehousing....

OP posts:
JudgeRindersMinder · 18/03/2021 11:48

Sounds like the council are chancing that your dad will just fill in the forms without question.
They probably have more demand for flats like your dad’s and a surplus of 1 bed flats.
If he has a secure tenancy I’d be telling them where to ram their 1 bed flat!
In his 80s your dad should have a peaceful life in his own home without nonsense like this!

Stripyhoglets1 · 18/03/2021 11:49

If he's a council tenant they can't evict him without a good reason to do so. Look at the Shelter website on grounds for possession for secure tenants.
If they are joint tenants one can end the tenancy for both. The council don't have to let the other tenant stay but usually would unless they are under occupying.
If neither of your parents want to move then they should be able to stay put.

jclm · 18/03/2021 11:51

If they are carers for each other that would be a good reason for them to stay put.

Trinidading3 · 18/03/2021 11:51

I think the council will try and enforce it but I was wondering if my dad would win the court case if it comes to it human rights, old age etc plus they are both happy to stay there.

OP posts:
Trinidading3 · 18/03/2021 11:52
Flowers
OP posts:
Disfordarkchocolate · 18/03/2021 11:54

I wonder if they are now classed as overcrowded if they are not a couple.

helpfulperson · 18/03/2021 11:56

Are you sure the council hasn't just presumed that having got divorced they will want to live in different flats. Or that they suspect the divorce of being some sort of deprivation of assets exercise.

Kattenzz · 18/03/2021 11:58

How many bedrooms does the flat have and how large is it?

MuthaFunka61 · 18/03/2021 12:06

Another suggesting Shelter for advice. It sounds like the process for rehoming has started without any investigation into these particular circumstances.

GreyhoundG1rl · 18/03/2021 14:00

@helpfulperson

Are you sure the council hasn't just presumed that having got divorced they will want to live in different flats. Or that they suspect the divorce of being some sort of deprivation of assets exercise.
Mmm. Seems odd to divorce at the age of 83 whilst being perfectly happy to continue together, without some motivation to do so.
Hohofortherobbers · 18/03/2021 21:56

I agree, why did they divorce if they're happy living together?

GreenClock · 18/03/2021 22:04

I’ll be honest OP - it’s odd to divorce at 83 and still live together. Maybe suspicions have been raised.

He could do without this at 83 though. I’m sorry.

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