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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a secure tenant in a beautiful, grade two listed Council

Customer Question

I am a secure tenant in a beautiful, grade two listed Council property. My brother was assured, before moving into the two bedroomed Lodge, that he would become a tenant only after a 'Probationary Period' of one year.
This period has passed. The company who manage the property for the council: Tristar Homes have just informed us that the law has been changed and my brother will no longer become a tenant.
My rental agreement has therefore been changed retrospectively and I question the legality of this.
My brother has been paying part of the rent to the Management Company by direct debit for two years.
We would simply like him to be recognised as a tenant which would offer him some security. ( I'm a pensioner and he is in his 60's)
Would you please advise ?
Thanking you in anticipation,
Jean robinson.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Jean my name is ***** ***** I will help you with this.Just to be clear, is the property you and your brother occupy the same?
Customer: replied 1 year ago.
Hello Alex,
yes, my brother moved into my home.
Expert:  Ash replied 1 year ago.
Ok - has there ever been a succession with the property?
Customer: replied 1 year ago.
My mother and I moved into the property together in 2007. she passed away 4 years ago so.....no there has not been a succession.....her name was simply removed from the Tenancy agreement in 2010.
Expert:  Ash replied 1 year ago.
Ok, in law there can 1 succession. not 2 or 3, just 1. So if there has not been a succession then your brother is entitled to succeed, but only when you die. He would have to show he has been there for 1 year in the property.If he can show there has never been a succession and he has been there for 1 year then he will be entitled to succeed.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The removal of my mothers name from the tenancy can not possibly be considered a succession can it ?
We began the tenancy as 'joint' tenants.
Expert:  Ash replied 1 year ago.
Only if someone else was added - that is all.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
Yes it does. Many thanks for your help.
Expert:  Ash replied 1 year ago.
Great. Good luck and if I could ask you to rate my answer before you go, so the site pays me for the time spent with you
Expert:  Ash replied 1 year ago.
Thanks in advance and have a great weekend. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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