Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Please accept my condolences for the loss of your sister. Do I understand correctly that she lived with your sister for approximately 18 - 24 months prioer to her passing please?
This is from what you say a housing association property rather than a council house?
Many thanks. Have you now paid rent up to date or failing which could you?
Thanks. Finally do you have a copy of your sisters tenancy agreement available?
thank you. The position with regards XXXXX XXXXX housing association tenancies is unfortunately rather more limited than is the case with council tenancies. whilst most assured housing association tenants is can be passed on by succession to a cohabiting partner or spouse upon death, unfortunately, there is no legal right for such tenancies to be passed onto other family members unless there is a specific provision made for this in the tenancy agreement document which can occasionally be the case
accordingly, the first step is to obtain a copy of your sisters tenancy agreement. From what you say, unfortunately you do not hold a copy yourself. Your sisters executor or administrator as provided for in her will or in default of which are nearest next of kin has a right to obtain a copy of this document by virtue of section 1 of the administration of Estates act from the housing association
once you have been able to have sight of the tenancy document, you need to look for a provision that allows for the tenancy to be passed onto siblings upon death by succession. If you find such a provision, then providing you qualify as such a person under it, you have a right to succeed to the tenancy. if there is no such provision, regrettably only a cohabiting partner or spouse has a legal right to succeed to an assured Housing Association tenancy however you can make an application to the housing association to take on the tenancy as a new tenant or take on the tenancy at an alternative property that such an application would be dealt with as a new application and assessed based upon need and so on
do consider however that the housing association cannot evict you without a court order and they would need to seek a possession order in the County court which is likely to take at least 6 to 10 weeks
they should certainly consider any application you make and provide a formal response to it. The reasons they have given for refusing succession may turn out to be valid however they should provide you with a formal response. If they do not do so, you can raise a complaint to the complaints department at the housing association and if you are not satisfied with the outcome of your complaint, you can refer the matter to the housing ombudsman which can independently determine the matter
Is there anything above I can clarify for you?
the housing association may notundertake behaviour which amounts to harassment. Harassment is any behaviour which they know or ought to know because you distress. This can be included within your complaint and if necessary referred to the Housing ombudsman which has the power to award compensation where they find fault. If the Housing Association has conducted credit searches against you without your permission, you may have a complaint which you can raise with the information Commissioner who can award finds where he finds unlawful actions have been taken
is there anything else I can help you with?
Does the above answer all your questions or is there anything I can clarify or help you with any further?
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