Succession on Assured Tenancy
18/01/2011 10:53 pm
My mother recently died on December 24th, My Aunt is the excutor and in my mothers Will she has handed down everything in the home including the tenancy to me.
The tenancy argeement is an Assured Tenancy, i have been living with my mother for 17 Years since we started living here in 1993.
It is adabted for Disabled Use but my brother died 10 years ago (he was diabled)
It has 3 Bedrooms and i am the only one now living here.
The Housing Association have said that i am the successor of the tenancy and i have prooved and given all the documents for that to them.
they have also said that i cannot have a lodger to help with rent whilst they search for "better" accomodation even though it states in the argeement.....i have said this to them but apprentely, quote: "Even though you have succeeded your mothers tenancy, you cannot have lodgers or sub lets as its not your tenancy argeement" (Im very confused)
So right at this present time i am in Limbo, they have asked me to pay the rent every month via phone...which i would rather pay via Direct Debit.
Also i have not signed anything yet, do i need to?
I dont want do anything until i know where i stand.
my housing association is Seven Vale Housing (Managment)
and the owners of the house are Kemble Housing
they have apprently 12 months to find me a property.
I hope someone can help me in this annoying and stressful time.
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19/01/2011 12:09 pm
Although you have succeeded the tenancy, as a single person, you would not be eligible for a 3-bed property. Also, if you have no mobility issues, then you again you don't need an adapted property.
Your landlord will therefore seek to offer you more appropriate accommodation, namely a 1-bed flat, when one becomes available.
It's standard procedure that landlords do not house single people in family-type accommodation. You can only sub-let/have a lodger IF your landlord agrees - they haven't.
19/01/2011 12:15 pm
As the son (family member) of an assured tenant you have no statutory right to succeed from Housing Act 1988. Further Kemble Housing's tenants' handbook confirms this BUT you say the housing association has told you that you are the successor? Have they confirmed this in writing?
Ask why you cannot pay the rent by direct debit? Ask why you cannot have a lodger?
Even if your mother did leave the tenancy in her will to you, Ground 7 of Schedule 2 Housing Act 1988 gives te landlord the right to re-possess.
It is likely that what they mean to have done is allowed you to stay pending an offer of more suitable acvcommodation - you acknowledge the property has been adapted and it is bigger than you need.
Get clarity from them about your status - have you succeeded, in which case why can't you pay by direct debit and (with their permission) have a lodger OR are they going to offer you suitable alternative accommodation and leave you in occupation pending this?
Get answers in writing from a senior person - give them a time frame for response (like 14-28 days) and if no clarity start official complaint.
24/01/2011 11:53 am
It may help you to understand if you think of this as succeeding to the tenancy but not the property (this is not the legal term but I use this to explain the situation to others in your position) - someone can move their tenancy from house to house, and a tenancy does not necessarily end on death. The other posters are right, you are under-occupying and you are going to have to move. The landlord should serve you with a NOSP under Ground 16 no sooner than 6 months and no later than 12 months after your mother's death to confirm this. If you are having difficulty paying the rent, put pressure on the RSL to find you suitable alternative accommodation as quickly as possible. If you are reasonable in your requirements you should be able to get somehting quite decent off them in return! Good luck.