Housing association assured succession - under occupying

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I wondered if anyone had any advice on exemptions to the under occupation rule for HA assured tenancy succession.

My mother is in ill health, I believe i'll inherit the succession as I'm her son, it's in the tenancy agreement and i've lived here for 30 years of my life with all the documented proof required.

However I would be a single male occupying a 3 bed (2 bed and a very very small box room) also I'm in poor mental & physical health and for many more non legally binding reasons would be unable to uproot myself from the only home i've ever known.

So i've lived here all my life, out of my own pocket and hard work done most of the maintenance, DIY, decorating, gardening & finances over 30 years to keep the home to a very high standard, never had any complaints about behaviour or damage and have good rapport with all neighbours as i also maintain an easement alley at the back of the houses which i'm not obliged to so they love me for that.

Are there any techniques/exemptions to retain my under occupied house after succession is granted ? i've spent hours researching but i cant seem to find any definitive exemptions from the under occupying rule ?

Many Thanks for any help on the matter.

You cannot sub-let council houses or have lodgers

That is incorrect.

You can have lodgers depending on your tenancy contract.

In the case of the OP they made clear that they had to ask their HA permission to have lodgers.

Class! 💕

@LonelynSad didn't see your message as it was deleted by MNHQ I guess it wasn't the nicest message and again you are wrong on both fronts, I'm not a council tenant and lodgers are allowed just permission is necessary. Maybe try reading earlier posts properly before commenting, or just leave it to people who can ?

@BeckyBloomwood3 actually in* this case the community are with him because he is not* a young man. He is in his seventies and I would imagine won't live much past his mum so it seems counterproductive to move him.

He has been there the whole of his life. And appreciates his home. Which is more than can be said for the scruffs next door.

Thanks to everyone for all the constructive legal help, it seems there is some case law on suitable alternative accommodation, Redsprings v. Francis (1973) and Battlesprings v. Gates in 1984 under ground 9 and 15a evictions about environmental and sentimental grounds for the possession order to be refused in court or appeal.

Not sure how relevant that would be to me in 2024+ as i'm not a solicitor, just a layman, so I will have to consult with a professional.

Does your HA have a Facebook group for tenants OP? Someone else might have a similar situation there.

It looks like you will have grounds for appeal as in the first case you posted but that depends on the judge's discretion. Which is where PP's comments about public sympathy come into play.
Also not sure whether 'tender memories' are the only factor a solicitor will be better able to advise. I've had a look for the actual case documents and couldn't find them

@BeckyBloomwood3 Good suggestions, thanks - i'll take a look and yeah it seems that in 2024 there isn't much "recent" available case law or information about cases like my situation in court or appeals. I'll have to hope on finding someone who may have similar circumstances and won in their case against possession.

Case law from 1973 and 1983 are somewhat defunct because the judges in said cases were interpreting the law at that time.

Subsequent Housing Acts have changed the landscape in terms of rights. Shelter website is the best place to go for the legal perspectives on your current position

I don’t think you have any chance of staying put. Housing Associations whilst also governed by law are able to make certain policies such as over occupancy as meets their objectives.

My advice would be to contact your housing association and open a dialogue.

From what you say you have some physical diagnosis, that may have implications for your long term needs such as adaptions, ground floor flat etc

I managed housing advocacy services (albeit women and DV and refuge) some time ago. What i found on a number of occasions, were that people were very worried and dubious about what they might be offered, and because the existing tenancy was desirable to retrieve they were offered better than average placements.

I understand your desire to stay put, but you might want a change once your mum passes on. You cannot know that now

Best of luck
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I understand your desire to stay put, but you might want a change once your mum passes on. You cannot know that now

This is true, although it may be impossible to think about it now because it may feel disloyal to picture a different future while she is still with you.

https://x.com/kftwt/status/1746539330691047676?s=20

Don’t think anyone who knows it wants to live on the Aylesbury estate but I agree it’s a shocking waste of resources.