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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70282
Experience:  Over 5 years in practice
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Madam, I planned to move in with my mother to

Customer Question

Dear Sir / Madam,
I planned to move in with my mother to take over her tenancy agreement in the borough of Newham. She unexpectedly passed away a few days ago before the the agreement was put into my name.
My eldest son has been living with my mother for the past 18 months but his name is ***** ***** the tenancy agreement and his personal post remained at my address. I gave notice to quit at my private rented accommodation in Essex and we begun moving into my mother's property in recent weeks. We have no evidence of these housing arrangements and with my mum no longer here I do not know how to move the agreement over into my name.
As I am sure you would appreciate this is a very traumatic time and the additional stress of my housing situation is taking its toll. I look forward to receiving your advice on this situauation.
I have recently
My eldest
Descretionary Tenancy Agreement
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
With regards ***** ***** email I sent to you, what are my rights to succeeding the tenancy?
Expert:  Jo C. replied 2 years ago.
Is this a council tenancy?
Paid for by housing benefit?
Customer: replied 2 years ago.
yes it is a council property and mum was a pensioner so housing benefit was paid. But I am a full time worker thus no benefit will be applied for for myself
Expert:  Jo C. replied 2 years ago.
If you were not living there then you do not have a right to inherit I'm afraid. There is no way around that. Whatever your arrangements matters not.
Your son may have rights to inherit as he was living there if the agreement says that it is possible. He does have a much better chance than you on the point but it depends on what is in the tenancy agreement.
The fact that he is not named is not a bar as long as she has never hidden that he is there.
Of course, if he chooses to allow you to live there then that is a matter for him as long as it is declared.
Can I clarify anything for you?
Jo