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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2326
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My mum passed away 6 weeks ago,I have been allowed to take

Customer Question

My mum passed away 6 weeks ago,I have been allowed to take over the tenancy for the council house,my mum has been a council tenant since 1981. Me & my 4 year old daughter are living in the 3 bedroomed house,the council have wrote to me informing me the house is under occupied & they want to rehouse me to a 2 bedroomed place,I wrote back to them explaining that I would like to stay in the house as I couldn't cope with the upheaval at the moment,they are saying I down't have much choice they need the property,there are plenty more houses in the same street that are under occupied. My family want to buy the house out right for me & when I mentioned this to the housing officer after she said about rehousing me she said that my mum was the only one who could buy it,I thought if the tenancy was given to me I would have the same rights including the right to buy discount as my mum had as she was with the old council. Can the council force me to move out & how do I stand with right to buy discount.
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. If you have been assigned the tenancy and it is an assured or secure tenancy, then the council cannot force you to downsize. If you are receiving housing benefit, then this will be reduced by 25% to take into account the extra bedroom.In relation to right to buy, if your mother had the right to buy immediately prior to the tenancy being assigned to you, then this right is preserved and passed on to you.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 10 months ago.
The letter I got from council "offered me right of succession under our special succession terms,the terms require MHs homes consider the suitability to you,at a time of high housing demand I cannot agree the property is suitable to your needs,agree to succeed the tenancy but not the property".
My mum passed away 6 weeks ago but I'm sure I see somewhere that if I succeeded the tenancy they had to wait at least 6 months before offering to rehouse me.
I have family in Ireland who want to buy the house out right for me as my mum had been a council tenant since 1981 so there is 65% discount on the house. How do I stand about buying the house out right.
Expert:  Harris replied 10 months ago.
Have you fully succeeded the property or tenancy?
Customer: replied 10 months ago.
The letter says I have been granted succession to the tenancy but not the property
Customer: replied 10 months ago.
I had been living with my mum since 2011 & my 4 year old daughter also lives with me. The council want me to sign a form to allow a transfer application,they will seek suitable accommodation for me but will only make one reasonable offer.
Also in the street there are quite a few single people living in 3 bedroom houses,I pointed this out to the council & they said it's different circumstances for different people. My mum often got letters from the council offering her cash to downsize but my mum declined this offer.
Expert:  Harris replied 10 months ago.
Thank you - unfortunately, having re-read your question I can see that you would have succeeded the tenancy as a close relative and therefore the council can take steps to evict you if they state it is too large for your needs, but they must provide alternative accommodation under the same tenancy.Furthermore, they cannot evict you without a court stating that it is reasonable for you to move and that the alternative accommodation meets your needs.Also, in order to succeed the right to buy, this will have to be your only home and you need to have been a tenant for at least 3 years.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 10 months ago.
Hi the extra services charge is £64 is that on top of the £50 or £64 total
Expert:  Harris replied 10 months ago.
it is
Customer: replied 10 months ago.
What £64 total
Expert:  Harris replied 10 months ago.
It will be in addition to the initial payment
Customer: replied 10 months ago.
Oh right I don't have enough for that,in your previous answer you said I had to be a tenant for 3 years before I could buy does that actually mean Me myself or can I use my mums tenancy years as I have her rights? Also was the council within their rights to ask me about moving 5 weeks after my mum died or should they have left it 6 months
Expert:  Harris replied 10 months ago.
They cannot give you formal notice before 6 months of succession and no later than 12 months after.My understanding is that you yourself will have to have been a tenant for at least three years.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 2326
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi
Can you tell me if the housing association are likely to go ahead with taking me to court to get me evicted or do they usually not bother in a case like mine where I have my mums succession rights of being a secure tenant & what sort of percentage rate do housing associations have in being successful at court in cases like mine
Expert:  Harris replied 10 months ago.
To be honest, if the property is under occupied, most housing associations would proceed to downsize you and, unless there are exceptional circumstances as to why the extra rooms are required, they would likely obtain the eviction - in that event they will need to show that they have provided you with a suitable alternative accommodation to meet your needs.

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