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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I am a carer for my mother who has alzheimers. The landlord

Resolved Question:

I am a carer for my mother who has alzheimers. The landlord has said they will not pass the tenancy on to me when she goes. I have lived here nearly 15 years, can the landlord just evict me when my mother finally has to go into care?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

hi, thanks.

LondonlawyerJ :

Can yo just tell me is your landlord a private landlord, housing association or local authority?

Customer:

housing association I think

LondonlawyerJ :

If it is a HA or local authority do you know what status of tenancy you have?

LondonlawyerJ :

Do you have a copy of the tenancy agreement?

Customer:

It's owned by Sanctuary housing (church of england pensions board). I don't have a copy to hand (would take a while to find) the tenancy is in my mothers name.

Customer:

was in my fathers name previously. he passed away last year

LondonlawyerJ :

How long ago did your parents become tenants?

Customer:

Nearly 15 years

LondonlawyerJ :

and was it a joint tenancy?

Customer:

i don't know i don't think so though

LondonlawyerJ :

If that is right then there has already been a passing (succession) of the tenancy to your mother and there can only ever be one succession. The landlord will not necessarily be able to evict you when your mother gores into care unless she has abandoned the tenancy. So, if she goes into care and it is intended that she never return then there could be a problem but if it is for a fixed time or to give you some respite then they probably cannot. In any attempt to take possession of the property during her lifetime your mother will be able to defend the proceedings, this is true even if she does not have the capacity to take part in the proceedings herself. The situation could be quite complicated and it would need to take into account a lot of issues around your mother's care etc.

Customer:

Ok well it will be permanent when the time comes so I think that's what I needed to know. Thank you for your answer.

LondonlawyerJ :

The basic position though, in landlord and tenant law is that if your mother abandons the tenancy then the HA can seek possession, if she passes away they can also do so. You yourself have acquired no rights to the property by living there for 15 years.

Customer:

ok, thank you

LondonlawyerJ :

That is OK I wish I could have given you a more positive answer.

Customer:

no problem.

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