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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently moved back to my mothers housing association

Customer Question

Hi, I have recently moved back to my mothers housing association home and have become her main carer. I moved from Wales where my wife is currently residing. She also hopes to move in with us eventually but as my mothers health is in the decline we are wondering would we be made homeless in the event of anything happening to my mother. It is a three bedroom ground floor bungalow which I understand would be unlikely to be my home, but would we be offered anything or just be made homeless. I have no other family to care for my mother and as a result have nowhere else to go.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Has the tenancy been succeeded before please, ie already passed on once?
Customer: replied 1 year ago.
Yes to my mother after my father passed away 2 years ago. It was a joint tenency.
Expert:  Ash replied 1 year ago.
Thanks. Its bad news then I am afraid - sadly there can only be one succession. Therefore if this has already happened it wont and cant happen again.
Therefore they can apply to the courts to get back possession of the property. In any event you seem to accept it would be too big for one person.
However they dont have to rehouse you - because the tenancy isnt in your name they can simply seek an order for possession from the Courts. The Council may provide you with accommodation depending on your circumstances and need. But the Council are not likely to do anything until there is an order for possession.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Would they offer me anything at all
Expert:  Ash replied 1 year ago.
That depends on where you are on the list and priority. The chances are in reality if you are single without children etc, probably not.
Or you may end up in a B&B.
Does that clarify?
Customer: replied 1 year ago.
Seeing that I will be caring for my mother in the property. She has been a tenent for 27 years and I lived there for 16 years prior to moving away. Is there anything I can do to avoid being homeless at all.
Expert:  Ash replied 1 year ago.
All you can do is speak to homeless services at the Council. But until there is an order for possession they probably wont even consider your application.
But I would speak to them to see what options you have at this stage. I am sorry its not better news.
Can I clarify anything else for you at all?
Customer: replied 1 year ago.
Does the same thing apply even if my wife lives here with me also. What would happen if my mother decided to move to a smaller dweling ie a swap. Does the succession right still apply as one or would I succeed it.
Expert:  Ash replied 1 year ago.
Yes sadly. There has already been a succession - you can't have another. That is the difficulty.
I am sorry.
Customer: replied 1 year ago.
Is that still the case with the original joint tenency. What about a right to buy in a smaller dweling.
Expert:  Ash replied 1 year ago.
There is no right to buy a smaller dwelling I am sorry to say. If it was a joint tenancy then becomes sole, that is one succession. Sadly you have exhausted those options.
But speak to homeless services - they may be able to assist.
I am sorry its not better news but I have a duty to be honest.
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you for your time Alex.
Expert:  Ash replied 1 year ago.
Good luck and all the best.