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One of my friends has been presented with an issue they are unsure about and wondered if anyone here can shed some light on the subject.

 

My friend has been asked by their elderly parents to move back in to their 4 bedroom council house. Their father is the assured tenant and has offered to pass the succession to them as they do not want their spouse to be moved out when they die. My friend already owns their own one bedroom flat with their partner and has always said,the flat is too small for them, they are unable to have children. They were wondering if they could move to their parents home and rent their flat out using their parents council house as their principal home. I know that my friend does not want to see her Mum pushed out of her home before she is ready and as her daughter, would rather take care of her for as long as possible until their Mum is ready to go into a residential home.

 

Their parents have lived in their council house for over 40 years and my friend lived there for 25 years before they moved out and purchased their own flat with their partner.

 

Just wanted to know if my friend would be entitled to succeed the new tenant if their father chose to hand it to them.

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The succession can be passed to his wife should he die, but they would need to see about that now. If his father is already a successors to the tenancy, then by law it cannot pass onto another.

 

Go have a chat with a housing officer, I'm sure they don't want to make anyone homeless especially if they are elderly.

 

A person has the right to take over a tenancy (known as to 'succeed' to a tenancy) when a council tenant dies if he or she is either the tenant's spouse, civil partner or another family member and has been living with the tenant in that house continuously for at least 12 months. However, by law, there may only be one succession to a council tenancy. Therefore if the tenant who has died had already succeeded to the tenancy, the council would be unable to grant a further succession. Nevertheless, this does not prevent a council from granting a completely new tenancy if they choose to do so.

 

Where a tenant has a joint tenancy with his or her spouse or civil partner, he or she will become the sole tenant on the death of his or her spouse or civil partner. This is known as survivorship and is regarded as a succession. Therefore, no-one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. Again, however, this does not prevent a council from granting a new tenancy if it chooses to do so.

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The council is very short of 4 bedroom properties and if your friend has alerady got his own property and renting it out this will not be looked upon too kindly by the housing department as it will not be his principle home.

 

Every council has its own policy regarding housing and I would first checked their borough out before approaching the council about his plans. They will not make the father homeless but rehouse him in a small home if that is what he wants, also they will pay him a preimum for downsizing to a small property as they desperately need 4 bedroom properties.

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