Housing inheritance

[jaydah]

Is it automatic for son 50+ living with mother to inherit her council flat if mother's in care or dies?

[sandyRoe]

I don't think it is. There were cases in the press recently where adult children had to leave the council house they shared with a parent when that elderly parent had to go into care.

[dotty.]

http://www.oxford.gov...fer_on_death_occw.htm

that's one local authority but i assume the law is the same for all

[wolf63]

I know at one stage our local council only allowed a house tenancy to be transferred over twice and then the person there at that time would have to move out.

[ummmm]

When my friends Dad died the council transferred it to her name. I think she was 18 at the time.

[ORAC60]

if your fathers name was on the rent book you have little or no claim
but if your mother is the only one who had her name on the rent book you have a chance that if you contact the said council now you might be allowed to put your name on the rent book and that should give you a right to stay in the flat
but its the councils decission

[Angela_Macready]

The short answer is 'it depends'. If the tenancy agreement has always been in your mother's sole name and wasn't assigned to her and you have (and can prove) you have been living there for at least 12 months, you will probably be able to succeed to the tenancy if your mother dies. You may also be able to receive the tenancy by your mother assigning it to you. If your mother held the tenancy with someone else and the tenancy agreement states only 'one assignment' (many of them do), you may not be able to unless the Council are feeling generous. All the information you need will be in the tenancy agreement.

[Dee Sa]

I believe that the coucil agree to a son or daughter taking over the tenancy but should they die the grandchildren are not eligble even if the grandparent brought them up.

[boxtops]

I remember that there was a sad case of the mother dying and the council said it couldn't automatically transfer to the son, as there were others waiting on the waiting list who had greater need.

[jaydah]

Rotten cousin is bullying my aunt (his mum), she's suffered a stroke but still home & he wants her out so he can move in his gf & kids.

Thanx for the replies.

[welshlibranr]

He can't make her go into care jaydah, if her Doctor and other agencies involved feel that she is receiving the necessary care at home, they will not recommend that she goes into care,( if for no other reason than that it's more costly) I suggest that you keep a close eye on the situation, and if your aunt continues to be bullied by her son, then speak to Social Services, and mybe the Welfare Dept. of the Council, I'm sure they could advise her, I doubt whether they would automatically transfer the tenancy to him anyway and certainly not if she lives in sheltered housing!.........

[jaydah]

Isn't there a difference between sheltered housing and a regular council flat. Hers is a regular high rise flat.

[welshlibranr]

yes jay, there is a huge difference, sheltered housing can only be tenanted by a someone of pensionable age, and if they leave has to be let to someone else in that category, but since your cousin is single with no dependants he may not be eligible to have the tenancy transferred to him, I assume that the flat has 2 bedrooms, and therefore the Council may decide that it's more suitable for a family, they may well offer to house him, but in a 1 bedroomed flat, which they would deem adequate for him, best to check with the Housing Dept. they may give you some info as to the policy they adopt in such cases..............if you're very concerned, contact Social Services and explain the problem, you'll find them helpful!..........

[jaydah]

thanx welsh - just hope SS dont grass me as my aunt will surely suffer more.

[welshlibranr]

Jay, don't worry about that at all!............they're very discreet, it'll be very easy for them to become involved, since your aunt has had a stroke, and her health isn't great, they can make it look like they are becoming involved as a matter of course, make sure you make them aware that you feel that your aunt would suffer if your cousin knows of your involvement, as long as you fill them in properly, there won't be a problem!........they can truly be your aunt's champions, in that they can make sure that she stays in her home, if that's what she wants, and they will monitor her closely if there is chance of bullying by her son..............I know, have dealt with many similiar cases over the years!...........sad, but true that sometimes sons and daughter's don't always put their elderly parents before what they want.................

[jaydah]

he's lost the plot on too many spliffs

[welshlibranr]

Ok jay, not uncommon in our line of work, just make sure to let the social worker aware of this too, will all help!...........hope all goes well for your aunt, not a nice situation for her, but hopefully if you make the right people aware, it will be resolved, let me know how you go, and if you need further advice...............let me know...........welsh

[jaydah]

do you work for them welsh ?

[welshlibranr]

Used to Jay, things vary from area to area a little, but they will help, speak to them, if you still have concerns then let me know..........don't forget to have a word with the Housing Dept, too!...........words in many ears can help lots!..........