Legal question regarding evicting after bereavement

[whats a mook?]

Hello all,

I have a legal problem that I'd appreciate some assistance with.

An elderly woman lived in a 3 bedroom property with her daughter as a council tenant for 56 years. The Lady in question was named on the log book, but died 1 month ago. I understand that the council originally inferred that her daughter could continue to live in the property, but have since told her that a decision would be made today.

They told her today that she has to leave the property within one week, offering her a one bedroom flat.

What I'd like to know is are they allowed to do this? A councillor, who is a friend of the family has spoken of some kind of act that suggests this is unlawful, and has suggested that the daughter's name could be put on the log book, thus allowing her to stay in the house. (she has been living in the property for 43 years)

I would really appreciate it if somebody could take a few minutes to reply to any of the points I have made, as the clock is ticking.

Many thanks.

[callumsgran]

I'm no expert on this subject but as i understand it years ago she would have been given automatic succession of tenancy (if she had lived in the house more than 2 yrs) but i think the rules have changed due to the high number of families waiting for housing.
I would seek legal advice on this if it were me, councils dont like you going to the papers so thatsanother avenue to go down.
By the by she doesnt actually need a 3 bed house does she? and i'm not sure if the council are obliged to re-house her anyway!
she may well be better off accepting the flat but thats just my opinion

[MARTIN3030]

Yes the tenancy agreement would need to be transferred.
The daughter does have the rights to have it transferred as a surviving spouse/family member where she has been living.I would get it checked out with a housing rights officer which most towns have.In fact there are online housing rights sites where you would find this info without too much problems.
I would not sign anything until I had done that first its likely they would want her to do that quite quickly !
I am also dubious about the 7 days given as notice I would have expected them to give more time than this by law.

[MARTIN3030]

I have an answer for you here.
This is taken from a large city councils website advice;

Taking over the tenancy:

from someone who has died



The law

says that if a council tenant dies, the tenancy of their home can pass to their husband or wife, (or to the person who had been living with them as husband or wife). Or it can pass to a relative (parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece) if they had been living with the tenant for the previous twelve months.
Council policy

extends these rights:
a) The tenancy can pass to someone who had been living with the tenant as part of a lesbian or gay couple;
b) A relative who takes over the tenancy must have been living there for the previous six months only (not twelve).
If the tenancy passes to a relative, and the home is bigger than they need, we have the legal right to move them out to a suitable alternative home. But we would not move out a husband, wife, or partner in the same situation.



so looks like they do have legal grounds but that the situation is slightly different if you are the partner of the deceased person (although in most cases there would usually be a joint ten agreement in place for this anyway )

Hmnnnn we learn something every day !!

[blacksheep1979]

Originally Posted by MARTIN3030

I have an answer for you here.
This is taken from a large city councils website advice;

Taking over the tenancy:

from someone who has died



The law

says that if a council tenant dies, the tenancy of their home can pass to their husband or wife, (or to the person who had been living with them as husband or wife). Or it can pass to a relative (parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece) if they had been living with the tenant for the previous twelve months.
Council policy

extends these rights:
a) The tenancy can pass to someone who had been living with the tenant as part of a lesbian or gay couple;
b) A relative who takes over the tenancy must have been living there for the previous six months only (not twelve).
If the tenancy passes to a relative, and the home is bigger than they need, we have the legal right to move them out to a suitable alternative home. But we would not move out a husband, wife, or partner in the same situation.



so looks like they do have legal grounds but that the situation is slightly different if you are the partner of the deceased person (although in most cases there would usually be a joint ten agreement in place for this anyway )

Hmnnnn we learn something every day !!

I think it may come under that, tbh why does she need a 3 bed home? There are loads of people who need accomodation and one person living in a 3 bed house on their own is a bit ott.

[whats a mook?]

Originally Posted by MARTIN3030

I have an answer for you here.
This is taken from a large city councils website advice;

Taking over the tenancy:

from someone who has died



The law

says that if a council tenant dies, the tenancy of their home can pass to their husband or wife, (or to the person who had been living with them as husband or wife). Or it can pass to a relative (parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece) if they had been living with the tenant for the previous twelve months.
Council policy

extends these rights:
a) The tenancy can pass to someone who had been living with the tenant as part of a lesbian or gay couple;
b) A relative who takes over the tenancy must have been living there for the previous six months only (not twelve).
If the tenancy passes to a relative, and the home is bigger than they need, we have the legal right to move them out to a suitable alternative home. But we would not move out a husband, wife, or partner in the same situation.



so looks like they do have legal grounds but that the situation is slightly different if you are the partner of the deceased person (although in most cases there would usually be a joint ten agreement in place for this anyway )

Hmnnnn we learn something every day !!

Thank you all for your input, and thanks Martin for taking time to research that.
I will look into that rule myself further, and pass on that info.

With regards to the chap who considers it ‘ott’ – I’m probably asking for too much, given the blind audacity you have illustrated on previous bailiff related threads, but have some compassion will you?

The main issue here is that this woman has been given 7 days from the day of decision to clear out her deceased mothers belongings. I believe this is an unreasonable time scale in which to act.

[blacksheep1979]

Yes the 7 days is totally unreasonable I was saying that a 3 bed house for one person is a bit ott.

[callumsgran]

Point noted BS, both my husbands grandmothers live in 3 bed houses alone!
I think its disgusting when young couples cant get a house for love nor money because the councils dont have the power to move OAP'S on to smaller proprties.
Dont get me wrong i love old people (i work with them) but fair is fair.
I think the lady in question should've been given four weeks notice at least, especially due to the fact she is bereaved.

[whats a mook?]

Thanks all, I recommended that she should apply for more time and I understand that she has been granted a further 2 weeks.

I agree that she doesn't need a 3 bedroom property, I do however believe that it's not just old people who are unnecessarily taking up council houses, but that's a whole new thread.

For the record she isn't accepting the council flat, she's moving into seperate accomodation. I'd be interested to see who occupies the new house though.