Tenancy/buying Nans flat

[CHEZ7295]

Hi

Hope someone can help with some answers

Our son moved in with his nan just over 4 years ago to care for her as her health was not good, it now seems that mum may have to go into a care home, the council know my son has been living their, and he pays the extra rent council tax etc. If mum goes into a care home will our son be able 2 take over the 2 bedroom flat, he also has a young son that he sees on a regular basis who cannot stay at the flat while mum still lives their due to her dementia, I know when my parents got a council property in 1948 everything was always in the Husbands name, and when dad passed away in 2000 the tenancy went to Mum. Can. My son take over the tenancy or if not buy the property, it would be a shame to lose the flat after 43 years of my mum living their.

 

[cobden28]

I'm not sure, but I'd suggest you contact the local council to ask about their rules and regulations for transferring tenancies. As far as I know, a tenancy can only be passed to another family member once - eg after your dad died the tenancy could be transferred into your Mum's name, but I'm not sure if the tenancy could be passed on again for a second time. Check with the council to be on the safe side.

 

[Chemmy]

Hello and welcome to Talking Point

Government advice site here:

https://www.gov.uk/council-housing/types-of-tenancy

 

[Kevinl]

Hi CHEZ, welcome to TP
On the face of it the tenancy has been passed on once so the LA could say that your son has to move, but there are a couple of things you could argue.
He moved in 4 years ago to look after his Gran, had he not and she'd had to go into care 4 years ago then if they were going the funding he's saved the LA the cost of 4 years care and so they do own him something.
Secondly although you mum did inherit the tenancy when your dad died that was because her name was incorrectly no included at the time. The world was a different place 42 years ago and a woman wasn't put on the tenancy as being a second class citizen she was treated as being the property of the man so she had to inherit something that should have been hers in the first place.
Well here's a chance for the LA to put right the historical discrimination against women and disregard her "inheriting" the tenancy due to their sexist policies in the past.
I don't see he has too much hope of keeping a 2 bed flat as a single person but it may be possible to negotiate a move to a single bed LA flat if you say you're going to fight it.
Don't expect the first housing officer to do too much, you may well have to move up to people at a more senior level before you get someone who's prepared to do anything other than follow the script they're given.
K

 

[CHEZ7295]

I'm not sure, but I'd suggest you contact the local council to ask about their rules and regulations for transferring tenancies. As far as I know, a tenancy can only be passed to another family member once - eg after your dad died the tenancy could be transferred into your Mum's name, but I'm not sure if the tenancy could be passed on again for a second time. Check with the council to be on the safe side.

Thank you for your advice

 

[CHEZ7295]

Hi CHEZ, welcome to TP
On the face of it the tenancy has been passed on once so the LA could say that your son has to move, but there are a couple of things you could argue.
He moved in 4 years ago to look after his Gran, had he not and she'd had to go into care 4 years ago then if they were going the funding he's saved the LA the cost of 4 years care and so they do own him something.
Secondly although you mum did inherit the tenancy when your dad died that was because her name was incorrectly no included at the time. The world was a different place 42 years ago and a woman wasn't put on the tenancy as being a second class citizen she was treated as being the property of the man so she had to inherit something that should have been hers in the first place.
Well here's a chance for the LA to put right the historical discrimination against women and disregard her "inheriting" the tenancy due to their sexist policies in the past.
I don't see he has too much hope of keeping a 2 bed flat as a single person but it may be possible to negotiate a move to a single bed LA flat if you say you're going to fight it.
Don't expect the first housing officer to do too much, you may well have to move up to people at a more senior level before you get someone who's prepared to do anything other than follow the script they're given.
K

 

[CHEZ7295]

Thank you I will definitely look into that both names should have been on tenancy to see how I get on to see if I could get this changed

 

[Kevinl]

Thank you I will definitely look into that both names should have been on tenancy to see how I get on to see if I could get this changed

It's an historical piece of institutional discrimination. Had the situation been the other way round and your mother died first and your son had moved in to look after his grandfather the he could inherit the tenancy. Your mum is/may be denied the right to do the same simply on the basis of her sex, had she been a man the situation would not have arisen.
I'd be surprised if a women's rights organisation wouldn't be prepared to take this up for you, your mum is being deprived of something, that a man in the same situation would get as of right.
The council's rules may say they're in the right but morally and possibly legally they're in the wrong. Not putting your mum on as a joint tenant has left her in a situation that the man in the relationship wouldn't be, pretty much the definition of discrimination.
K