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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a one bedroom council flat, but I am currently staying

Resolved Question:

I have a one bedroom council flat, but I am currently staying at my mums 3 bedroom council flat as she is getting older it has been our family home for over 27 yrs, I am still paying rent for my flat but I am also paying most of the bills at my mums flat but I cannot afford to keep going on like this, I was thinking of giving up my council flat and I guess my right to buy my property and hopefully my mum can put me on a joint tenancy on her house that way I still have somewhere to live if anything should happen to her and also be able to pay her bills also all my mail still gets delivered to my mums house, do you know if this is possible?

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

You are right in that you would probably need to give up your tenancy on your property.

Alex Watts :

It is a condition of your tenancy agreement no doubt that you need to spend the majority of your time there so technically you are likely to be in breach.

Alex Watts :

However with your mums property if there has been no succession before then you would be entitled to succeed if you have been living there for 12 months.

Customer:

I am only there to keep an eye on my mum as she is getting older, over the last year she has started getting symptoms of dementia so that is why i moved back as my place is much too small for the both of us

Alex Watts :

Therefore if you move in and have been there 12 months and she dies then you be entitled to succeed the tenancy if it has not been done before.

Alex Watts :

Yes indeed.

Alex Watts :

So if there has been no succession and you have been there 12 months then you effectively take on the tenancy.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Sorry I was at work, in this case my mum can put my name down as a joint tenant I assume

Alex Watts :

Well no - because you are not and you can not be. You can only succeed.

Alex Watts :

I hope that helps.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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