Succession of tenancy

Join in these discussions today! Log in or register.
Pages:  1 2 Next
Current: 1 of 2
Wednesday 4 June 2014 10.27am
Can anyone advise my cousin, who are after the death of my Aunt on the 31st march, is trying to get succession of tenancy, it is a small 2 bedroom property on the second, not big enough for a family. I was told that she will be made to move after (hopefully) the tenancy is in her name. I thought it would be a case of just paying an extra amount towards the spare bedroom tax out of her sick benefit.

Can they force her to downsize? if she is a tenant? she is a lewisham tenant. Is there any where that she can get legal advise on housing law? Her state of mind is very fragile at the best of times and I am seriously concerned that she may harm herself. She is almost 60.
thank you to any one who can help on here.
Wednesday 4 June 2014 10.58am
Lots of councils are changing rules on succession at the moment - including Southwark - but the general rule is that a tenancy can usually only be succeeded once, so it can't be handed down, say, from grandma to daughter and then to her daughter. Hope that makes sense.

Usually, though rules differ, the person wanting to succeed the tenancy must have occupied the property with the deceased for at least 12 months preceding the deceased's death.

Morrison Spowart in Catford have a specialist housing department - 020 8698 9200. NB: I worked there 14 years ago, but have no recent affiliation with them.
Wednesday 4 June 2014 11.18am
Thank you Gavin, she has lived there since she was 4 years of age, so almost 55 years. When she stops crying I will mention that legal people, meant those legal people!

Once again, Thank you..:-)
Wednesday 4 June 2014 12.16pm
a family member may succeed to the tenancy if they were living at the premises at the time of the death and that it was their sole or principal home in the 12 months prior.

if the circumstances are as you outline, there should be no problem. the bedroom tax probably applies.
Wednesday 4 June 2014 1.56pm
Stay put and focus on showing evidence that she has lived there for last 12 months in particular e.g. bills, correspondence etc. In this life with councils nowadays, evidence of all kinds is very handy indeed. Make sure the rent is paid and other charges.
Wednesday 4 June 2014 3.32pm
i know 2 people who were in similar positions-they lived in the place but their names were not on the teanacy agreement-one lost and was evicted-his partner had died and he had not lived with her for too long and the other who won had lived in the flat with his parents all his life. As has been said need as much evidence of tenancy as possible-bank details being at that address is a good one as if not the main tennant not always have bills in your name.

both did go to court however - she needs to get good advice as soon as possible
Wednesday 4 June 2014 4.06pm
Trouble is she can not afford to pay the 108 rent from her 72.40 sick benefit hhrca! She has provided all her bank statements for the full year and has provided gp's letter urging them to allow her to take the property over, she has never married and has lived there all her life. Because she is so terrified of authority/forms/enquiries she is talking about walking out of her home tonight, and because of the condition I have I am not always able to go to various places with her. Her anxiety and stress that she has had all of her life was made worse by being made to leave her job which she had for 37 years by a new broom! She then took after looking after her Mum who was almost 80 at that time, Aunty was 86 when she died..
Wednesday 4 June 2014 4.47pm
Jan the old one wrote:
Trouble is she can not afford to pay the 108 rent from her 72.40 sick benefit hhrca! She has provided all her bank statements for the full year and has provided gp's letter urging them to allow her to take the property over, she has never married and has lived there all her life. Because she is so terrified of authority/forms/enquiries she is talking about walking out of her home tonight, and because of the condition I have I am not always able to go to various places with her. Her anxiety and stress that she has had all of her life was made worse by being made to leave her job which she had for 37 years by a new broom! She then took after looking after her Mum who was almost 80 at that time, Aunty was 86 when she died..

If your friend is living on a 72.40 sickness benefit, she would surely qualify for housing benefit: she should definitively make a claim.

Unfortunately the ill-advised bedroom tax means that the whole rent will not be covered, but most of it will be.
Wednesday 4 June 2014 6.35pm
go to Lewisham and see a council benefits advisor and get the HB benefit claims filled in ASAP as advised above.

Lewisham is active area of People Before Profit Ray Woolford who can surely advise on support in that area.

There have been a few complex appeals lately won by council's in regards to succession etc or joint tenancies (names on agreement or not), so best to act fast and get professional advice of some kind.

If it was me, I would pay as much rent I could afford - not nothing - and stay put. And then if I think it worthwhile consider negotiating other suitable accommodation maybe.

Recently, some councils have become quite helpful in negotiating a move if they get back an underoccupied home.

But at the end of the day the only people who can decided is a Court, so stay put.
Wednesday 4 June 2014 7.03pm
Also don't forget the useful Nearly Legal site that has some good articles from Southwark solicitor Giles Peaker contributing too Nearly Legal blog - succession
Pages:  1 2 Next
Current: 1 of 2

To post a message, please log in or register..

Keep up with SE1 news

We have three email newsletters for you to choose from: