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Council home rights if father has to go into care home

Steve1310

Registered User
May 21, 2014
16
Basildon, Essex
I used to rent privately but after the onset of dementia in my father and seeing the 'state of repair' in which his 2 bedroom council home was in, I decided that I would get the place made over and in the second bedroom would move in with my teenage son as the premises was still near his school.
My sister would care for my Dad during the day as I work full time, bringing him home at nights and for the weekend.
The council were told I lived in the premises solely by an unsuspecting neighbour as the house had undergone a total refurbishment throughout, but visited and confirmed the were satisfied that my Dad DID live in the premises.
Since then, the neighbour has persistently wrote to the council and I have had to continual disprove their claim, which is becoming more and more stressful. My sister has also been visited by the council and can no longer do with their 'interfering' so has decided I must look after my Dad alone whilst trying to maintain a full time job and look after my son.
I also have a daughter at university whom I support who used to come at weekend's. Moving out of privately rented accommodation to my Dad's house was a very very tough decision as it split my immediate family given my Dad's condition.
My Dad is due to be assessed by social services as this has not been done as far as I'm aware, even when at my sister's, but this is in relation to a further malicious which has been made on the grounds of mistreatment.
I completed all the necessary change of circumstance forms to the council when moving over in resect of myself but upon review of correspondence did not do one for my teenage son.
I'm some six months' into the change but the council have stressed that if my Dad is deemed to be in need of placing in a care home, I have no rights over his council tenancy despite being his son and could potentially be made homeless with a teenage son?
I have said that they were aware that I had moved in and also gave retrospective planning consent for the new fitted bathroom and kitchen I installed.
Has anyone else been in a similar circumstance and is this as simple for the council to evict us as say?
 

marionq

Registered User
Apr 24, 2013
6,103
Scotland
I don't know anything at all about English law but I would suggest getting your MP and local councillor involved in this ASAP. You seem to have done everything right in giving information, looking after the property and presumably paying the necessary bills. We elect these people to come to our aid when we face clashes with authority so go to their next surgeries - your local library will tell you when that is. Write letters, send emails - whatever it takes.
 

Steve1310

Registered User
May 21, 2014
16
Basildon, Essex
Thanks marionq.
Should I do this after their assessment of my Dad, just in case I'm overreacting or going on the 'defensive' over nothing?
I'm fearful of coming across as defensive which may seem guilty, especially in the minds of these people who seem to revel in believing negative press particularly if it suits their agenda and gives them some sense of job satisfaction
 

Sue J

Registered User
Dec 9, 2009
8,035
Thanks marionq.
Should I do this after their assessment of my Dad, just in case I'm overreacting or going on the 'defensive' over nothing?
I'm fearful of coming across as defensive which may seem guilty, especially in the minds of these people who seem to revel in believing negative press particularly if it suits their agenda and gives them some sense of job satisfaction
I would get advice asap try Citizens Advice Bureau too or Shelter.

I wouldn't wait.

Best to you
Sue
 

Eleonora

Registered User
Dec 21, 2012
170
Abingdon Oxfordshire
I would get advice asap try Citizens Advice Bureau too or Shelter.

I wouldn't wait.

Best to you
Sue
Hello Steve - I am not an expert on Council Housing Laws, but it seems to me that you need to get a Lasting Power of Attorney, to cover your father's medical and social care, in place as quickly as possible.

This LPA will give you the right to decide what is best for your father.
Once that is in place, it will be very much harder, (although not impossible) for your Council to compel your father to be placed in a Care Home. The decision would be yours, until you feel that you can no longer cope alone.

Age UK would help you to get the LPA under way or, for more information about what it involves, just look through the Legal and Financial sections of this, 'Alzheimer's Talking Point Forum' to find out what it involves.

Good luck with the fight.
 

jaymor

Volunteer Moderator
Jul 14, 2006
13,007
England
Unfortunately because there is a great shortage of council/housing association property and long waiting lists the authorities in charge are working to their rules with no leeway.

They will let to those on their waiting lists, some being on that list for years. They will have agreed to you lodging with your Father but that is the limit of their agreement.

You moved in with your father for very good reasons but that counts for nothing unfortunately.

Your only option is to go back to privately renting.

I hope you get sorted without too much hassle,

Jay
 

Lady Phoenix

Account Closed
Feb 8, 2014
135
Various
I used to rent privately but after the onset of dementia in my father and seeing the 'state of repair' in which his 2 bedroom council home was in, I decided that I would get the place made over and in the second bedroom would move in with my teenage son as the premises was still near his school.
My sister would care for my Dad during the day as I work full time, bringing him home at nights and for the weekend.
The council were told I lived in the premises solely by an unsuspecting neighbour as the house had undergone a total refurbishment throughout, but visited and confirmed the were satisfied that my Dad DID live in the premises.
Since then, the neighbour has persistently wrote to the council and I have had to continual disprove their claim, which is becoming more and more stressful. My sister has also been visited by the council and can no longer do with their 'interfering' so has decided I must look after my Dad alone whilst trying to maintain a full time job and look after my son.
I also have a daughter at university whom I support who used to come at weekend's. Moving out of privately rented accommodation to my Dad's house was a very very tough decision as it split my immediate family given my Dad's condition.
My Dad is due to be assessed by social services as this has not been done as far as I'm aware, even when at my sister's, but this is in relation to a further malicious which has been made on the grounds of mistreatment.
I completed all the necessary change of circumstance forms to the council when moving over in resect of myself but upon review of correspondence did not do one for my teenage son.
I'm some six months' into the change but the council have stressed that if my Dad is deemed to be in need of placing in a care home, I have no rights over his council tenancy despite being his son and could potentially be made homeless with a teenage son?
I have said that they were aware that I had moved in and also gave retrospective planning consent for the new fitted bathroom and kitchen I installed.
Has anyone else been in a similar circumstance and is this as simple for the council to evict us as say?

I may be incorrect but I believe most councils defintion of "living" in a property is staying overmight at least 4 nights a week for at least (I think) 36 weeks a year.
Some of the actual figures may be slightly wrong but thats the general gist opf it. There are exception such as night workers and people who work away from home, but eseentially its a common sense approach.

Now, if you are open and up front about the situation the councils tend to be more fair with you, so here is what I would recommend doing,

Write a letter to the council explaining the situation. Also include that this matter is extremely condfidential (That way the council cant tell the nosey neighbur why you are there). Explain that at the time of writing this is only a temporary situation as your father is ill (You dont have to explain in what way he is ill but just the fact that he is ill)

This will do do things.

The council can not take action against you until they have replied to your letter. Admittedly they can tell you that you cant stay there but while the ;letter is in the system they cant do a thing.

It will make the whole situation above board and the council can not take action against you.

While they are replying you get yourself down so see someone who can offer good advice (CAB perhaps?)

Could you move in properly? Im sure that all this would require is for your father to write a letter (Or you could with POA) explaining that you need to move in and that you would like to become a joint tenant. That way, if he needs to move out for an extended period of time you are still legally entitled to be there.

I dont know the full facts so can only answer based on what I understand, but from what Ive read Im thinking that if I was the editor of the Sun or some of other dirty tabliod we stand in a good position.

Would the leader of the council want to wake up to read the headline "Council kicked my sick father out on the streets"?
 

meme

Registered User
Aug 29, 2011
1,953
London
I think you have to have been living in the property for at least 2 yrs..and have proof it has been your home...eg on the electoral register/council tax...paying part of rent??..??? ..just "staying with" wont cut any ice unless you will become homeless with your son??? and this would then be a different story and give you possible rights to be housed......not nescessarily in this home though...
 

Steve1310

Registered User
May 21, 2014
16
Basildon, Essex
I think you have to have been living in the property for at least 2 yrs..and have proof it has been your home...eg on the electoral register/council tax...paying part of rent??..??? ..just "staying with" wont cut any ice unless you will become homeless with your son??? and this would then be a different story and give you possible rights to be housed......not nescessarily in this home though...
Hi, I've been at my Dad's since Dec 13, all above board and registered with the council in advance via a change of circumstances form, just in case they objected. I'm also registered here on the electoral role. My Dad's tenancy is a secure one but I have gone through the handbook several times and have read it again today and it says that it can be passed on to (amongst several people) 'children' That's why I'm confused
 

jeany123

Registered User
Mar 24, 2012
19,036
70
Durham
In our council area children usually have to lived at the house all their lives to be able to take over tenancy,
 

nita

Registered User
Dec 30, 2011
1,865
Essex
I think this is what you are referring to:-

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/assigning_a_tenancy

In particular:-

Council tenancies can only be passed on once by succession or assignment. For example, after one joint tenant dies and her/his rights are transferred to the surviving joint tenant by succession, it will not be possible for the tenancy to be assigned to anyone else.

If there has been no previous succession or assignment, secure council tenants can only assign their tenancy to certain people - no one else will qualify. The only people who you may be able to assign your tenancy to are:
your spouse or registered civil partner, as long as s/he is living with you
another member of your family (this includes cohabiting partners, children, parents, siblings and most other close relatives), as long the person you want to assign the tenancy to has been living with you for at least one year.


So it is possible after a year of living with your father, if the council will allow it, provided your father has not succeeded to the tenancy himself. You should check with your council. If they agree, it should be possible for your teenage son to stay with you as well as you will be correctly housed in a two bedroom flat, whereas if it is only you living there after your father dies or moves into care, you will not be eligible to be assigned the tenancy.
 
Last edited:

meme

Registered User
Aug 29, 2011
1,953
London
if you have not been living there over a year then your dad could apply, with your help.... for you to become a joint tenant (before any care home move).....good reason being you care for him...and then the flat/house passes to you automatically....this neighbour sounds a nightmare...look into caring for dad at home with help from social services initially rather than a care home?
 
Last edited:

chick1962

Registered User
Apr 3, 2014
11,282
near Folkestone
Here in Kent, councils don't do joint tenancy anymore once you have become the tenant :) I wanted to put my OH on the tenancy but they declined but did say the would not make him homeless if something would happen to me even though we are married


Sent from my iPhone using Talking Point
 

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