If you are a council tenant and you want a loved one to succeed to your tenancy (meaning that they would take over the tenancy after you pass away), it is generally a good idea to consult with a lawyer. A lawyer can provide you with legal advice on your rights and obligations as a council tenant and can help you understand the process for transferring the tenancy to a loved one.
There are a number of factors that may affect whether a loved one is eligible to succeed to your tenancy, such as their relationship to you, their length of residence in the property, and their financial circumstances.
A lawyer can help you understand these requirements and can advise you on the best way to proceed to ensure that your loved one is able to succeed to the tenancy.
If you are a council tenant and are anxious to ensure that a loved one succeeds to your tenancy after your death, you should seek legal advice straight away.
In a decision of the High Court, a concerned 68-year-old woman who had lived in a three-bedroom council house of which had belonged to her mother who was a secure tenant. The old woman in question had lived at the property since the age of 11 years old. Following the death of her moth, the local authority sought a possession order against her on the basis that she is not entitled to succeed into the tenancy.
The decision in this case went against her, the council’s case was a simple in that the mother had ceased to be a secure tenant of the property when it became apparent that there was no prospect of her returning home from the care home. At that point the house ceased to be her principal residence and her tenancy came to an end when she was served with notice to quit in the care home. There was thus no tenancy to which the daughter could succeed, and she had remained living in the house as a trespasser.
The daughter argued, amongst other things, that her eviction would amount to a violation of her human right to respect for her home and family life. The court however concluded that her eviction would be a proportionate and justified step.
Attention: Have legal disputes? Don’t worry, Adel Jibs has got you covered!
Interest: Adel Jibs is here to help you with your legal issue on succession. We provide professional legal advice and representation. With years of experience and expertise, we have helped thousands of individuals navigate the complex world of law.
Desire: Don’t go through the stress and hassle of dealing with your legal issues alone.
Get the best possible outcome for your case by calling the firm of Adel Jibs & Co Solicitors on 020 3417 3859.
The information given here is intended for general information purposes only and should not be taken as legal advice.
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