Succession of Tenancy

[LolaLJones]

My mum passed away 12 months ago, we both lived in a council house and she had a secure tenancy, I still live at the property. I would like to succeed in the tenancy. The tenancy started in 2018 which does not allow for a family member succession, however, she previously held a secure tenancy from 1998, which I could have legally succeeded to. Due to a regeneration of the area where we lived, the council moved us to a new property and that's when the 2018 tenancy started. The council promised the new tenancy would not change (this I have in writing from one of their publications) because of the rehousing and that we would keep the same rights. The new tenancy is also a secure tenancy but it does not make mention of succession rights. Since the council had to provide us with a house with the same security of tenure as we previously enjoyed, could I defend a case in court that some rights were taken away from us when we were given the new tenancy, as they now have a right to evict me from the house and they would have not if we had not been moved to another house?

Have they said no to you signing your own tenancy for the house?

Sorry for your loss

I helped a friend in this situation a couple of years ago, she was under a lot of pressure from the council after her father died. She'd remained with him after her parents divorced.

If you have written proof that your rights remained unchanged when the new tenancy began in 2018, you should be ok.
This is assuming that your mum doesn't have a spouse and that you can prove that you were living there for at least a year before she died.

If the property is bigger than you technically need then they will probably ask you to downsize and will ask you to bid on smaller properties, they'll give you priority banding for this.

Maybe your MP can help you?

Link to Shelter guide

Are you sure you've seen the whole tenancy? V unusual for it to not mention succession at all. Maybe it is called something else?

Sorry for your loss

Yes, I read the whole tenancy, I think they left succession out on purpose because the new tenancies need to specify succession rights in order to apply, otherwise if there is no mention of it you have no right to succeed.

Are the HA aware your number died and what have they done in the last 12mths?

I believe all secure tenancies hold succession rights. Just because they didn’t specific it doesn’t mean you don’t have rights.

Fight the eviction and provide your evidence to the court regardless of how minor you think it is.
However, if the property is too big you will have to downsize.

They haven't replied yet because I am trying to get advice before I send it to them, however, the succession form the council sent specifies that if the tenancy started after April 2012, they would not grant a succession.

Hi, yes they are aware of my mum's passing. Secure tenancies granted after the 1st of April 2012 only have succession rights for partners and cohabitees, other family members don't have these rights any longer. I believe if I won the succession right at court they would not be able to downsize me, as the 6-month window they have to do this has already passed. I have not yet received any legal notices. However, I am no worried I'll receive a notice to end the tenancy and evict me. All this time I was under the impression that I still had the right to an automatic succession

@canigooutyet

Fight the eviction and provide your evidence to the court regardless of how minor you think it is. However, if the property is too big you will have to downsize.

Thank you, this is what I'm trying to do, but the evidence doesn't seem big enough and I'm not sure if I have a chance to win in court

Well I’ve just read a draft of Lambeth councils regen policy and they were changing secure tenancies to assured. I believed they couldn’t do that. However there is a huge consultation document here d3n8a8pro7vhmx.cloudfront.net/lambethhousingregen/pages/535/attachments/original/1455529905/GPE_Key_Guarantees_Estate_Regeneration_Schemes_Final_150216.pdf?1455529905

Another council say

The tenancy terms and conditions and the rent will be comparable to your existing tenancy and rent.

I think you need proper legal advice

@CornishTiger

Well I’ve just read a draft of Lambeth councils regen policy and they were changing secure tenancies to assured. I believed they couldn’t do that. However there is a huge consultation document here d3n8a8pro7vhmx.cloudfront.net/lambethhousingregen/pages/535/attachments/original/1455529905/GPE_Key_Guarantees_Estate_Regeneration_Schemes_Final_150216.pdf?1455529905

Another council say

The tenancy terms and conditions and the rent will be comparable to your existing tenancy and rent.

I think you need proper legal advice

Very useful document. I think I really do need proper legal advice. Thank You!

Just another question what have been the arrangements for paying for property.

Did they ever send you rent letters or rent payment card.

Explore this.

The Council does have the legal powers to deliver this guarantee. The Housing Act 1996, as amended by Localism Act 2011, governs allocations, including making offers and assignment of priority status to applicants. The Housing Acts 1985 and 1988 govern the types of tenancies that different organisations can offer. The Council should take note of clauses in the Housing and Planning Bill which require all new secure council tenancies to be fixed term (except where existing tenants are required to move for regeneration), and forthcoming regulations that will guide implementation of these clauses.

Other posters obviously have more specialised advice but from my time working at a council housing office, it is generally the case that it is the tenancy that is secure, not the right to remain in a particular house i.e. they will transfer the secure tenancy to a new, smaller, property. Just something to bear in mind.

have you tried Shelter for advice?

One important question for you- Was the original tenancy ever in a joint name with any one else ?
For instance if the tenancy was originally joint but one of the tenants dies then the tenancy has already been succeeded by the remaining joint tenant and no further succession will be allowed regardless.

@Sargass0 good point

@Sargass0

One important question for you- Was the original tenancy ever in a joint name with any one else ? For instance if the tenancy was originally joint but one of the tenants dies then the tenancy has already been succeeded by the remaining joint tenant and no further succession will be allowed regardless.

Thanks for the info.No, the tenancy has never been succeded

@canigooutyet

have you tried Shelter for advice?

Thanks for the suggestion

Hi OP, did you Ever the the tenancy succession. Pls update x