MIL being forced to give up 15y tenancy for underoccupying - any housing experts?

[NorfolksGiven]

Hello,

My MIL is splitting up from her husband of 27 years (his decision) and whilst in conversation with her social LL (council house but run by different company iyswim) they have said that because she is now underoccupying her property they would not let her be the sole tenant. The house is 3 bedroom and she has lived there around 15 years.

He was pension age, she won’t be for another 9 years. Previously he was getting pension credit (joint claim) and his SRP full HB and c tax.

She is now about to claim UC and is looking for a job ( previously cared for him not worked for over 20 yrs)

Basically what I’m asking is if she has any legs to stand on in challenging this decision and if not, will her authority have any duty to rehouse her etc? Seems so crappy when none of it is what she wants.

Appreciate any help

Is she paying 100% of the rent? Or is she subsidised by HB?

It was my understanding that as long as she paid the rent (and she wouldn't get full HB on more than one bedroom)then there's no issue but maybe it's about transferring the tenancy from joint names to hers....

What sort of tenancy does she have?

What is her soon to be ex husband doing for accommodation?

Brie there's nothing wrong with people wanting secure tenancies. Some people's circumstances won't change, I'll still be disabled in 5, 10, 25 years time so annual reviews would be needlessly stressful and expensive to administer.

Plus the cost of adaptions would be entirely wasted.

Sorry OP but social housing shouldn't be for life in that home - she doesn't need three bedrooms in fact they didn't need here bedrooms before that unless there was a reason

She's not worked for years, but he husband is low leaving so who is now caring for him? It sounds like she just didn't bother working and relied on benefits and social housing which isn't ideal and really not exactly contributing to society

It's time for a new start, small home, a job and start paying taxes and contributing rather than simply living off the state

A shortage of social housing is not the fault of elderly women who find themselves (through whatever circumstances) living alone in the rented house they have occupied and looked after for decades.

She's not elderly, if she has nine years until her pension she'll be mid fifties. They're not turfing out a decrepit 90 year old.

She should try and arrange a mutual exchange before the council starts trying to evict her - that way she will have more choice in the area or property type she moves too, instead of being allocated whatever’s available.

Most couples without young dependant (and many with) have to sell their family home and downsize when separating. Even if they own their own home. Not sure why you think your mother should get to stay in hers.

If the tenancy is changing, she won't lose her position as a secure tenant, but they will reassess her suitability for the property, especially as it will be paid for by HB.
It's emotionally horrible, but a 3 bedroom property is not suitable for one lady, when there are thousands of families desperate to be housed. So they won't let her continue the tenancy on this property.
They won't kick her out on the streets. They'll let her stay while she finds another suitable council property, she'll most likely even get priority for this. But it won't be for a long period of time.

Hi there,

You just need to look at the Council's Housing Allocations Policy which will be published on the Councils website. This document will set out exactly what it can do in terms of under occupation.

The government allows each local Council to set its own criteria and local housing policy so the actual answer here will be specific to whatever Council this is.

I hope that helps.

Its not the Council. It is a Housing association and will have its own allocations policy.

Housing assocs. here have to follow the local authority’s allocations policy (I work for one)

Yep it's the Council's policy that applies.

Some local authorities have a common housing policy which means that housing associations offer their voids to the L/A who then allocate them. In essence that means all H/A`s in that area treat their tenants exactly the same.

Massive lack of empathy here for a woman who, through no fault of her own, is losing a husband and a home. If she has been looking after him for years, she has saved the state thousands of pounds compared to what it would cost if the state had to outsource his care.
Lay the blame for lack of housing where it belongs - with successive govts who sold off housing stock and failed to replace it, not with a woman just living her life.

As for the dumb as fuck notion that council housing should be assessed on an annual basis - just because private rents are insecure and often exploitative towards tenants, it doesn't mean we should all race to the bottom. Make rights for private tenants better, not worse for council ones!

But if tenants who are underoccupying don't downsize then people who need larger accommodation will be overcrowded for ever. What do we say to a tenant who needs a 3 bed and can't move? Especially when other professionals ( social workers etc) are complaining constantly to housing about why a family is living in overcrowding conditions. If a tenant is grateful to have a house when they need it then they should also understand that the time will come for them to move on so others can have that benefit.

nothing to do with empathy or lack off!!

feeling sorry for someone doesn't solve this.....would you propose she stays put then iwanna?

I think lots of people would willingly downsize if there were nice one bedroom places available, in their area, so they don't lose access to support networks, ability to get to work etc. If OP's mil is offered this, then fair enough. What is unfair though, is expecting her to move from a nice house that she has looked after, to something that isn't equivalent (in niceness/area) but just smaller.
It's not her fault that there are homeless families and she shouldn't lose out because of it.

There are people on this thread saying a forced move is good.That lacks empathy to me. Remember, this woman hadn't actually done anything wrong - she isn't a criminal and her whole life is being destroyed. Yes, I would propose that she stay put unless offered a good alternative.

But iwanna many people who divorce and are homeowners /renters also end up being “forced” to move

So HB doesn't cover the rent as she is underoccupying, she accrues rent arrears and is evicted. She will then not be eligible for rehousing , and she has to find a private rent. How has refusing to move helped her?

Can't believe some of the responses on here ! Does anyone realise how hard it might be for someone who has been a carer for many years to suddenly re-enter the workforce ( except maybe as a carer which understandably she my not want to do ) ?

Which is why I am saying moving to a 1 bed might be best, so she doesn't get into rent arrears. I'm trying to be practical.

Giving practical suggestions doesn’t mean we lack compassion.