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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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I live in a council property in which my grandmother is

Customer Question

Hi,i live in a council property in which my grandmother is the tenancy holder,unfortunately she has passed away,i am registered as a permenant resident at the property and have been for 3 years i pay the rent by direct debit from my bank account and hold utility bills in my name also,i applied for joint tenancy 18 months ago but was rejected as the tenancy was passed on to my grandmother when my grandfather passed away even though they had both lived in the house from new in 1955,i have a daughter who stays with me 3 nights a week and now also a 5 month old baby who will also be staying,will i be able to keep the house and get a new tenancy agreement as i have children
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Also i forgot to add the property is 2 bedroom
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The general rule is that the tenancy can only be passed on death (ie by succession) once and if there has already been one succession there can not be another one.
However some tenancy agreements may allow for more than one succession so if you can find the tenancy agreement you should look at this to see if it is possible.
Customer: replied 2 years ago.
Yes i already knew that,youre missing my point basically can the council just kick me out,as when my tenency was rejected 18 months ago they listed me as a permenant resident and said that they wouldnt just kick me out they would assess my needs ie how many bedrooms as i have my kids 3 days a week would they they make me downsize to 2 bedroom rather than 2 if not i see no reason why i shouldnt be able to stay where i am
Expert:  LondonlawyerJ replied 2 years ago.
OK. You have no legal right to stay there. But there is no rule preventing the Council from being reasonable.
If they have said they won't just kick you out then great (I am guessing not a London Council) but they certainly could bring proceedings against you which would be likely to succeed.
If you stay there for a while and they know you are there and accept rent from you then it is possible that some sort of legal relationship (whether a licence or a tenancy) could form, which might then give you some security there. But at the moment you do not have that.
Customer: replied 2 years ago.
Ok,thanks i didnt think i could be evicted with having children,also my youngest at 5 months old has my address as a safe house as my girlfriends ex husband poses a threat to her and her children by him would this help my case and also would getting in touch with my local mp to intervene help any??
Expert:  LondonlawyerJ replied 2 years ago.
The first of these 2 points would certainly help in negotiations, the second really depends on the local MP.