Succession after tenant death

[thepalace1]

Hi, am hoping I can get some pointers about my situation.

 

 

My mother died on 11 July this year, she lived in a 1 bed-roomed flat via Bradford Council (incommunities now) on a secured tenancy. She had been a council tenant since 1993 (although not the same house, but, the same tenancy as she did inter-tenant swaps) she was in her last property for 7 years.

 

My nephew, her grandson, now 17 (well 18 tomorrow 13 October) has lived with her for several years, my mum pretty much brought him up, although not legally by adoption or anything.

 

Now on the death of my mother we applied top the housing officer for a succession of the tenancy to my nephew, we were told to provide proof that he was residing for last 12 months.

 

This has been hard to come buy, as he was under 18 and all the bills were in my mums name.

 

Anyway, we only notified the council 2 weeks ago as we were grieving, we had an appointment where we were told to go gather evidence and report back. This appointment was 8 days ago.

 

We have now received a letter yesterday stating the succession application was unsuccessful as we had not provided prove of residency.

 

The only way we can prove it is by Subject Access Requesting his last school where his school records will show the address of my mothers flat.

 

We were given 5 working days to get this proof which is not long enough.

 

In their letter, they have given my nephew 72 hours to vacate the premises.

 

 

Question.

 

1) Can they just come straight in an change the locks and throw my nephew out?

2) Should they have given more time for us to prove residency?

3) Can we appeal?

a) Is there any basis in law where we can appeal, or is it just at the discretion of the housing office?

 

4) Where do we go now?

 

 

Please any suggestions at all would be great, we don't want to be emptying the house with little under 48hrs to go.

 

My nephew will have no where to live, he does not see or associate with his mother or father, and I just do not have room, although I will not see him sleeping rough so will offer him a couch, as I have a family of 5 in a 2 bedroom house myself.

 

 

Thanks in advance

 

 

David

[citizenkain]

was your mother getting the single person discount on council tax?,they would have asked her if anyone else was living there at some time,did she declare that your nephew was staying there? if the councils evidence is that no one but your mother has been declared as living there,also her benefits would have been adjusted for someone else living there,the council will disregard someone showing up,as they see it,and asking for a succession of tenancy

[Batfink]

Places that you could request a letter from (not sure why you're going straight to "SAR" when you don't appear to have asked nicely)_

 

Doctor/Dentist

School/College

 

If your nephew is 17 (now 18, happy birthday to him!) then he should have been put on the electoral register (there's a bit to put 16/17 year olds on so that when they turn 18 they're eligible to vote) - that in itself may be proof enough?

[mariner51]

Nephew's mobile phone account showing mailing address?

[thepalace1]

Main question at this stage is.

 

They want the keys and house back tomorrow after less that 7 days notice.

 

Do we have any legal standing to stay while apealing?

 

Do they need a court order?

 

Or will they just turn up tomorrow and be allowed to take possession.

 

Need help quick if anyone can answer these questions

[citizenkain]

If you dont give them the keys they will need to get a court order that would allow them to send people round,locksmith etc