Will I lose my family home?

[Natashacsa]

My mother and father had a joint tenancy in 1979 which succeeded downto my mother when my father passed away. My mother has also now sadly passed away and I’m petrified that I willbe asked to leave my family home. I havelived in my home for 33 years, since I was a child and I now have a 2 year olddaughter myself. The property is a twobedroom house. Shortly after my fatherdied, I transferred all the utility bills into my name as I felt my mum hadenough to cope with. I went to thecouncil this morning and was told that I will shortly be served with a ‘noticeto vacate’ and that my fate is basically in their hands. I’m so scared that I will be asked to leaveand that we will be made homeless, I’m at my wits end. Could anyone offer any advice, I’m totally inthe dark.

Kind regards

[45002]

I'm sorry to hear of your loss

 

Have a read of this

 

Succeeding to a council tenancy

 

http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights#1

 

From reading the above link,it doesn't look good

 

You need to seek legal advice on this ASAP

 

Contact your local CAB office http://www.citizensadvice.org.uk/ and make a appointment to see them.

 

or

 

contact your local Shelter office http://england.shelter.org.uk/get_advice/advice_services_directory

 

 

The council do need to go to court and get a possession order and cannot just ask you to leave.

 

Keep us posted on how you get on........

Edited March 19, 2012 by 45002

[rebel11]

Hi Nat

 

Welcome to CAG

 

Further info:- http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights

 

This is only an example from another borough :- http://www.walthamforest.gov.uk/tenancy-succession.pdf

 

http://www.direct.gov.uk/en/HomeAndCommunity/Councilandhousingassociationhomes/Councilhousing/DG_188544

[Natashacsa]

Thanks for the advice. I suspected that this was the case as one succession has already taken place. I've just been told that the council could, at its discretion, award a new tenancy to me for this house, however I'm trying not to get my hopes up. I was also told that as I have a young toddler and am in a two bedroom house, they may also re-house me? I don't know how true this is? I seem to be getting mixed information all the time so I'm not really sure how it stands? Even solicitors seem to be giving me mixed advice which is why I have been reluctant to employ their services so far. This and the fact that I don't want to go in all guns blazing as the councils decision will be based on its discretion. One solicitor even told me that, as I moved in with my parents prior to the Rent Agreement Act and I could prove it had been my only home, I had rights to stay in the property. Sounds promising... but as others have told me this is not the case, I am reluctant to pay them the initial £240 fee (I might need every penny I have if I have to privately rent)!! I suppose all I can do is sit and wait for judgement day.

[45002]

I would go to you local CAB or Shelter office,there going to known a lot more about housing than some solicitor's.

 

Contact your local councillor and MP and see if they can help you at at all .

 

http://www.writetothem.com/