Advice Needed: Denied Succession of Tenancy

[moneyise221]

Hi everyone,
I’m looking for advice after being denied the right to succeed my late mother’s tenancy. Here’s the situation:

• I moved in with my mum in June 2022 to care for her.
• The tenancy is with A2 Dominion, and their agreement says only a spouse or partner can succeed the tenancy.
• My son had asked for me to be added as a joint tenant in June 2022, but this was never actioned by A2 Dominion. I have proof of the request. I have heard that they no longer offer joint tenancies anymore unless there is a partnership.
• A2 Dominion has now issued a Notice to Quit, asking us to leave by 22nd January 2025.

Key points:

• It's been my main residence for over 18 months, I have cared for my mum, and looked after the home.
• I still hold a private rented tenancy at another address however this is ending due to the owners of the house wanting to sell. My daughter and I now face homelessness, which is adding to the stress of grieving for my mum.
• According to the tenancy, A2 Dominion has discretionary powers to grant a tenancy in exceptional cases, but they’ve denied my application completely and haven't even mentioned about the discretionary powers.

Questions:

1. Should I contact my local council, and how can they help in this situation?
2. Can I challenge A2 Dominion’s decision, especially as they failed to make me a tenant despite my request?
3. Is it worth seeking legal advice or appealing based on exceptional circumstances?
4. Has anyone been in a similar situation and had success appealing to a landlord’s discretion?

Any advice would be a huge help. Thanks for reading.

Who is the landlord, the council or a housing association?

Very unlikely. A family member of mine lived in their partner's home for 7 years and was not allowed to succeed the tenancy after their death.

It can be very strict, quite rightly to avoid people jumping the queue for housing.

I don’t think you’re going to get anywhere with this sorry OP

I think the HA

Bumping for you as I don't know, but if the rule is as you say "their agreement says only a spouse or partner can succeed the tenancy" it seems fairly straightforward that you as a daughter don't qualify.

I don't think you are likely to succeed tbh, since they have been clear about who can succeed. You were wise to keep renting your own place and the timing of your landlord's decision to sell is really unfortunate but essentially you are in the same situation you would have been in if you hadn't spent time at your mother's house caring for her, and you will probably need to find a new private rental.

In the past you could have inherited the tenancy but unfortunately they have tightened all the rules.

You had a tenancy in your own name on another property, so that would be seen to be your main home wouldn’t it? Depending on where you live, there will be families who have been in temporary housing for years, so the HA will prioritise them.
I agree with other posters that you are unlikely to get anywhere with this.

Why did you continue to hold a private tenancy at another address if you had fully moved in with your mum?
Surely its a massive waste of money to have paid rent on a second property all that time.
If you could afford to do that why do you need social housing?

You will be deemed as being adequately housed elsewhere, you have a private tenancy so they can simply tell you that you dont qualify under the succession rules and need to find another private rental. If you then end up being genuinely homeless then you apply to your local council and have to go through the normal system. Contacting your council won't help, the tenancy was your mum's with the housing association, you don't have any rights to be there as the tenant has died. It also isn't relevant that you were caring for your mum or how long you were there. They won't apply any exceptional circumstances, ie you are the spouse or partner and your partner died suddenly for example and they can't reasonably expect you to access private rentals. Unfortunately the best you can do is move back to your rental and ask the landlord for a clear notice period (you don't say that the private rental has given you notice, only that they are thinking of selling? So they would have to serve you with a Section 21)
Sorry if this sounds harsh, but it's how housing association tenancies work.

It won't have cost the OP anything if the rent was being paid by housing benefit, which is probably the case.

The tenancy is with A2 Dominion, and their agreement says only a spouse or partner can succeed the tenancy.

And you're neither so why do you think you can challenge them on it? Have you missed out some info, were the succession rules different in 2022?

Update: sorry, re 2022 got confused between joint tenancy and succession. I really don't think you have any chance.

You'll not get anywhere with this OP.

You cannot succeed the tenancy as you're not a spouse or partner, plus by keeping hold of your private rented tenancy the Housing Association wouldn't even consider you as being a household member at your mum's as you had a main residence elsewhere.

I appreciate you're now threatened with homelessness yourself and moving into mum's seems like an ideal situation, but it doesn't work like that. You need to contact your local authority to get homelessness assistance as you've been served notice. You'll be able to register for social housing in your local area too, but the likelihood is you'll need to find another private rental.

Good luck.

Which would surely have been benefit fraud if she was actually living with her mum?

Perhaps depending on her circumstances. I may be wrong, housing benefit may not have been paying the rent.

I’m sorry it must be really hard if you were hoping and expecting to live there, but it doesn’t sound like you have much of a case.

and I have to be honest and say I think I agree with that, as others have pointed out there will be people waiting. And you clearly are someone that has been renting privately and hopefully will be able to find another private rental. I don’t think social housing should pass to adult children unless they were dependants ie. Adults with learning disabilities .

In simple terms, you were not a tenant there, so why would you expect succession rights? In fact, you had a tenancy elsewhere so you have no leg to stand on. Sorry but you'll have to focus on finding a new place of your own.

Op, there are legalities involved here that you need to understand.

1. tenancies can only be succeeded once, a joint tenant dying and other tenant taking over can count as a succession so none others can be granted.
2. there is statutory secession rights for partners, but also discretionary succession options.
3. do ha know about your other tenancy, as you can’t have 2 tenancies. Did you live full time with Mum or visit regularly, who lived in your property? HB/UC rules might have been breached which is a reason to refuse
4. is the property suitable for you eg if sheltered, are you right age? Is it too big/small for you/your household. Have you provided evidence of more than 1 yr living there?
5. have you asked for policy relating to secession?
6. you would usually be able to appeal, but for me yr current tenancy gets in the way.

I’m not entirely sure what your grounds would be for appealing this. It’s not like you’ve lived there for 18 years, it’s been just 18 months and you already have a home. What is your thinking around this - the rules seem pretty clear cut.

Just to add, unless ur son was the tenant, he can’t ask you to be added to the joint tenancy, only the tenant can ask that (and if previous joint tenants or previous sucession this could be refused)

did the actual tenant request you be joint? And often there are rules about who can be joint as well.

council won’t care about the sucession, you should let them know if you have been served a notice to end yr tenancy, but you would be expected to find your own accommodation.

You continued to hold another residence the entire time you stayed there- it wasn't your primary residence. The fact that you're now being made homeless from there, I don't think is going to be a factor. I hope you and your daughter are able to secure somewhere soon.

Your best option might be to return to live in the place you actually have a tenancy on and then refusing to vacate until legally forced too by the court. That could get you into temporary housing at least if you're going to end up homeless. i dont the same rules would apply for a place you don't actually have a tenancy on.

I know it's crap but you're in a no win situation here. You need to put your focus on securing another private rental. If you wait for a section 21 and possession order then you'll be able to seek housing at your local council but even then it's likely to be temporary accommodation the back end of nowhere. In addition you'll ruin your chances of ever getting another private rental again. Don't waste your time and effort challenging A2 Dominion. The rules are notoriously strict for succession of tenancy and you've put yourself in an unfortunate situation by retaining your private rental.

Best of luck OP.

Ok, so there is no way you will be able to succeed this tenancy. If you have a private tenancy and your mum's is a HA, you are not a tenant of this HA to begin with. It's not like am adult child who has lived there all their lives and never moved out. They have no responsibility for your housing. You can apply to join their list if you are about to be evicted but they won't give you your mum's old place, you would have to join the queue.