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Lawry
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I have question about council flat succession, Camden, I

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Hello,
JA: Hello. How can I help?
Customer: HI I have question about council flat succession
JA: Where are you? It matters because laws vary by location.
Customer: Camden
JA: What steps have you taken so far?
Customer: Hello,I would like to ask about Camden council flat succession legalities.I am a 71 year old tennant in Camden council flat. Tennancy started long before April 2012.
I live with my husband but I have tennancy aggreement in my name only.
Our grandchild started to live with us (18 years old).I wonder if something happened to me e.g when I die, will it be posibble to give succession to my grandson?I understand that he has to live here with me for more than a year to qualify for that.I also understand that succession will be automaticaly granted to my spouse in case of my death.My spouse is willing to waive his rights and let our grandson be successor.Is it possible?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I already posted question
Customer: replied 13 days ago.
Hello,I would like to ask about Camden council flat succession legalities.I am a 71 year old tennant in Camden council flat. Tennancy started long before April 2012.
I live with my husband but I have tennancy aggreement in my name only.
Our grandchild started to live with us (18 years old).I wonder if something happened to me e.g when I die, will it be posibble to give succession to my grandson?I understand that he has to live here with me for more than a year to qualify for that.I also understand that succession will be automaticaly granted to my spouse in case of my death.My spouse is willing to waive his rights and let our grandson be successor.Is it possible?

HJi,

My name is ***** ***** I will try and help you today.

Your spouse would normally be able to stay in your council home if you as the the person named on the tenancy agreement dies i.e. succession. He will take over your tenancy.

He will be responsible for paying the rent if he takes over the tenancy and will be liable for the rent from the date the previous tenant in this scenario you, dies.

His being able to stay in your home and take over the tenancy will depend on things like:

  • if he lived with you before you die - it will only count if it was his main home and not a temporary one
  • if you were living together as a couple
  • if he was related to the person who died
  • how long you lived with the person who died
  • the type of tenancy you had and how long you had it for
  • what the tenancy agreement says - it might give him more rights to take over the tenancy

Usually, there can only be one succession to a tenancy. If a succession has already happened, for example when one partner dies and the other one takes over the tenancy, it can't usually happen again. This means when the second partner dies, no one else will be able to take over the tenancy even your grandson.

Whether or not your husband can pass his rights to your grandson will depend on your tenancy agreement - it might say succession can happen more than once or that the right can be waived.

You will need to check what type of tenancy you have - once you know this, you'll be able to check the succession rights.

Camden Council will have that information, if you do not know.

Customer: replied 13 days ago.
I understand that. I am asking is it possible for my husband to waive his right of succession so our grandson can be successor after me. That way there will be only one succession, from me to our grandson.

As you are married your husband will get priority over anyone else to take over the tenancy.

Your grandson, since he lives with you may be entitled to take over the tenancy along with other people, but only one of them can take it over. They will need to decide between them - for example if your husband and grandson are entitled to take over the tenancy, they'll need to decide who does.

If they can't decide, the local council, Camden will decide.

Customer: replied 13 days ago.
to recap. As I understood from your answer. When I die there will be option to make succession either by my husband or my grandson. If they agree between themselves that my grandson will apply for succession the property will be succeeded by my grandson? Or if they can't agree my husband will have priority over my grandson. Is this correct?

You can inherit a relative's tenancy that started before 1 April 2012 if:

Your husband and grandson can agree between them for him to inherit the tenancy, so yes if it is agreed your grandson can succeed you directly.

  • the tenancy was your home when the tenant died

  • the tenant did not have a spouse or civil partner who can inherit the tenancy

  • you were living with tenant for at least 12 months before they died.

Otherwise, your husband has priority, yes.

Customer: replied 13 days ago.
Thank you for your help

You are welcome.

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