HELP!!!Careing for relitive (LPA) (council flat) (rights)

Discussion in 'Legal and financial issues' started by london2015, Jul 5, 2015.

  1. london2015

    london2015 Registered User

    Jul 5, 2015
    5
    i have been caring for my gran who has dementia and i have been her main carer for 4and half years we both live together in a 3bedroom council flat and recently without me knowing i had a relative apply for an LPA WITHOUT MY KNOWLAGE. as is now trying to make me homless out of it

    my gran in a few weeks due to go into a carehome and she will be ending her tennency where me and her lives i applyed to the council and got a letter back to say that i was unable to assign the council property because 1 its a 3bedroom and 2 its because the lasting power of eturney had refused to sign on be half of the tennent (my gran) so there for i been refused to get the assignment to the council property...

    i have aproched the council and thay have said i have no eurgent need and thefore they are placeing me in a (reserve band) and will not prcess it untill a further few months and my advise was when my granmother moves i be able to stay in the property until for a further 4 weeks until the council applys for an eviction notice!!!

    with all the going on i was born in the property my granmother is the sole tennent for 31years and i was born at the property and i lived there all my life with her except a 4/ years when i needed to go to train and get qualifications so only was my main home for the weekends! she will be going in to the care home and the (Lpa will not sign the form so is going to leave me homless with no house after my mum goes into the new carhome
    ANY HELP ,ADVICE , would be very much greatfull
    thank you
     
  2. Lindy50

    Lindy50 Registered User

    Dec 11, 2013
    5,287
    Cotswolds
    Hi london2015 and welcome to TP :)

    I am sorry you are having these problems. Unfortunately I have no direct experience with which to advise you, but the following thoughts spring to mind:

    -- why does the council need an LPA signature in order to assign you a tenancy?
    -- are they saying you can't have the current 3 bedroom place, or ( if the LPA signs), might they consider allocating you a smaller place?
    -- are there local housing associations that might help?
    -- do you have a job? When your nan is in a home, might you be able to get a full time job, and then a private tenancy?

    This is a truly horrible time for you and I am really sorry. I suggest you get specialist housing advice, eg from Shelter.

    Also, I hope someone will come along who can give you better advice :)

    Good luck. Let us know how you get on.

    Lindy xx
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,418
    Hi and welcome to Talking Point.

    I found this on the shelter site which I'm guessing applies to you

    However, I am not at all certain that being an LPA permits the attorney to sign this sort of assignment, which might be the sticking point. They can deal with the donor's finances but I don't think this comes under that. But as I say, I'm not at all sure, and it may be that the attorney themselves are not sure: it's not something that has come up before in this forum that I do know.

    But like Lindy, I strongly recommend you contact Shelter. They have a helpline http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

    Even if you can't get the tenancy assigned to you, they should be able to lay out your options for other housing.

    The other thing I should ask: has this LPA been registered? And has your grandmother lost capacity? Because having an LPA (even if registered) doesn't necessarily mean that she no longer has capacity.
     
  4. london2015

    london2015 Registered User

    Jul 5, 2015
    5
    i not asked the council why they need an lpa i think its because the lpa acts on my granmothers best wishes and also they are saying that i would be underoccuping the flat so therefor its been refused under them 2 points sadly i have no job i was trying to manage working and looking after my granmother and took redundency with no pay at this ment in time my gran is still im her home. i already spoke to council about this but i think there just trying to do everything in there power to comfuse me
     
  5. london2015

    london2015 Registered User

    Jul 5, 2015
    5
    #5 london2015, Jul 5, 2015
    Last edited by a moderator: Jul 5, 2015
    i will contact shelter and they have not given me any other options i have put up a photo of the decision...

    the LPA was only registered march 2015 without my knowlage my gran hasent lost capisity as when i went to get the assigned my gran signed the form b4 i gave it in and they told be i was unable the take it even if it was signed from the tennent because there is a lpa has refused to sign on behalf of the tennent
    the main thng is that this had been my main principle home from birth and the person who became the LPA WITHOUT my knowlage has deep hate for myself
    altho she has never lived with my nan and had no imput into her wellbeing
    as i did that all myself from shopping to going to the beach......
    i did see alatter saying if my granmother had lost all capacity then you would need to apply to become duputy !!! to act on her behalf....
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,418
    I've removed the image from your post because it gave your address and you don't want that floating around the internet.

    Hmm - it wouldn't be the first time a LA has been confused about the rules surrounding LPAs. If your grandmother has still has capacity then they don't need the signature of the attorney. It doesn't deal with the under occupancy issue of course but I would have thought that the procedure would have been - assign the tenancy to you and then tell you you need to swap to a smaller property. But Shelter is your best option I feel.
     
  7. london2015

    london2015 Registered User

    Jul 5, 2015
    5
    thank you not so good when it comes to the internet im seeing the houseing manager today and will see what happens when i tell him about LA POWERS
    AND ALSO shelters legal side will call ne today at 11.30 and will check it
    thank you all for all your help and time helping me il let u know the outcome still feel i have a bug fight on my hands but i can only try all of this isstill early stages
    il post on here after ive spoken o shelter
     
  8. Jessbow

    Jessbow Registered User

    #8 Jessbow, Jul 6, 2015
    Last edited: Jul 6, 2015
    What is the LPA refusing to sign?

    Is he/she trying to say that Gran isn't giving up her tenancy?

    I really cant see that your negociations with the council have anything to do with your Gran's LPA EXCEPT if they are saying she isn't moving ( so want the property to stay in her name)

    How did you find out about the existence of the POA in the first place? Who manages gran finances, pays the bills etc?

    I can see that they will not allow you to stay in the 3 bed place- I would have thought you'd get a one bed though. ( especially if you receive the likes of housing benefit)
     
  9. london2015

    london2015 Registered User

    Jul 5, 2015
    5
    hello

    the LPA WONT sign shes incontrol of everything i contacted shelter and nothing!
    that could do for me and so ive had to sewk legal advice and its now in the process of getting the lpa to sign if she dont it would be a case that shes not acting o thebest intrests of my grandmother .....

    i will still update as soon as i know anything more in the next 7 daysi will find out what the next steos are but i have got help for a law firm dealing with this on behalf of me
    when it comes to assignment it look like under the houseing act i am able to assign it but this will depend on whos living at the house at the time!
    gran will be giving up her tennency and moving into shelterd houseing with warden paroled im wating to know if my gran is on state pension will i need to pay any more for her moving into this new place


    with regard to houseing the houseing officer told me that i will become homless and thay dont have a need to house me! the best thay be able to offer wouldbe a hostel and then a rent deposit scheem that will pay private
    the contacting the council was only to know where i stand when my gran goes into a home and to get information about the issue after looking after my gran and being her main career its is shocking how they treat people





    Is he/she trying to say that Gran isn't giving up her tenancy?

    I really cant see that your negociations with the council have anything to do with your Gran's LPA EXCEPT if they are saying she isn't moving ( so want the property to stay in her name)

    How did you find out about the existence of the POA in the first place? Who manages gran finances, pays the bills etc?

    I can see that they will not allow you to stay in the 3 bed place- I would have thought you'd get a one bed though. ( especially if you receive the likes of housing benefit)[/QUOTE]
     
  10. canary

    canary Registered User

    Feb 25, 2014
    9,319
    Female
    South coast
    Oh london, Im so sorry - such a difficult time for you.

    "gran will be giving up her tennency and moving into shelterd houseing with warden paroled im wating to know if my gran is on state pension will i need to pay any more for her moving into this new place"
    TBH, I think it is up to the LPA to sort this out and pay any extra money, if necessary Assuming it goes ahead) - not you. It was not your decision and has been taken out of your hands.

    FWIW, I too think you have been treated very badly.
     
  11. Wirralson

    Wirralson Account Closed

    May 30, 2012
    661
    Council tenancies

    Most issues around Council tenancies focus on inheriting the tenancy, See this for example.

    http://england.shelter.org.uk/get_a...d_exchanges/can_you_inherit_a_council_tenancy

    The problem here is that your grandmother appears technically to be giving up HER tenancy. It is not clear to me from what you say on what basis you are residing their - are you on the tenancy agreement (which seems to me to be extremely unlikely) or merely an informal occupier? If the latter you need legal advice urgently. The only useful possibility I can see is about assigning the tenancy, which you mention. Howewver I ssume when you refer to yourself "assigning" the tenancy you mean having it assigned to you - only the person(s) named in the tenancy agreement can assign teh tenancy. In theory your grandmother (if she is the person named on the tenancy agreement) can do this. However she then loses all rights as a tenant. I'm not sure she can do that and move into warden assisted housing. I don't think a person holding an LPA can take such action on your grandmother's behalf, but you will need advice on that point also.

    http://england.shelter.org.uk/get_advice/social_housing/transfers_and_exchanges/assigning_a_tenancy

    However, I would think it unlikely that the Local Authority would see you as having acquired the rights of a tenant automatically. In their eyes, you are probably regarded as an informal occupier, and once your grandmother has given up her tenancy, you become homeless. (Where were you living before caring for your grandmother? That may be relevant.) Challenging this would involve professional legal advice, and I note you are seeking it. These things can move very fast indeed, so you need to act quickly. However current entitlement to LA housing is very limited, as I'm sure you know. Good luck.

    Like other posters, I can't see the relevancy of the LPA here. Also you are under no obligation to pay for your grandmother's additional housing costs (If any).

    W
     

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