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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34232
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mum has alzheimers and does not have capacity to make any

Resolved Question:

My mum has alzheimers and does not have capacity to make any decisions, financially or otherwise.No POA was ever arranged (mum never liked to lose control of anything), but I an her appointee receiving her DLA payments. I care for her and live with her in her council flat. My question is is there any way I can be added to the tenancy? My reason (I will be honest) is that when the time comes for her to move to a care home I do not want to be homeless. I have a meeting with the housing officer next week, and I need to bring my letter from DWPand any bank statements from a year ago stating the address as proof that I have lived there. The housing officer said she was unsure if the tenancy can be assigned...am worried will lose my home...
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who held the tenancy before your mother?
Clare
Customer: replied 2 years ago.
Full story.... Mum and dad started a tenancy at a flat in Isleworth in 1977. In 1980 the marriage broke down and dad moved out.
In 1983 mum and us kids moved to another flat in Chiswick which is where we are now, I believe tenancy can succeed according to the CAB. so mum has been the sole tenant on this particular property
Customer: replied 2 years ago.
Offline???
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
How many bedrooms does the property have?
Clare
Customer: replied 2 years ago.
It's a 3 bed property and I understand downsizing will be required
Expert:  Clare replied 2 years ago.
Hi
Sorry - I should have asked - how long have you lived in the property and please confirm that you do not own a property and that your name is ***** ***** on a lease elsewhere
Clare
Customer: replied 2 years ago.
I have been back here over 12 months...any outstanding queries csn you include them in your next message?
Expert:  Clare replied 2 years ago.
Hi
What about the other two queries in the last question?
Clare
Customer: replied 2 years ago.
Apologies. I do not own or have any interest in any property, so my name is ***** ***** any leases. Not sure if I specified, but mums home is a council property and this is now my only address, hope this helps
Expert:  Clare replied 2 years ago.
Hi
Ok
I am going to assume that you are not on any tenancy agreement anywhere either.
That being the case you are entitled to be added to the Tenancy since you have fulfilled the requirements.
Clearly when your mother does have to move into a home then downsizing will be required and you may need to confirm that you accept and agree to that prior to your name being added to the Tenancy Agreement
I hope this is of assistance - please ask if you need further details
Clare
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