Can an assured council tenancy be transferred to an adult son with a mild learning disability? | LawHive - Solicitors & Lawyers Online
Can an assured council tenancy be transferred to an adult son with a mild learning disability?
Posting for a relative. Mum and dad in 70’s have an assured council tenancy. They are married and have had the tenancy for about 30 years. Their adult son with mild learning disability lives with them and he is in his 40’s and has never lived Independently. Mum and dad are in declining health. The tenancy has always been solely in the Dad’s name. Is there a way of securing the tenancy for all parties? Parents are worried son will be homeless on their demise. Any advice would be appreciated. thanks in advance

Anonymous

17th April 2022

2 upvotes

Top Answer
NQ. If the dad dies first than the tenancy will be passed down to the mother. Unfortunately succession can only happen once so on the mothers passing the son would have difficulty in retaining the property. If the mother dies before the dad then on the dads passing the son maybe able to succeed the tenancy. Be aware though you are succeeding the tenancy not the property so depending on the amount of bedrooms the son of successful may need to downsize

Shirley Smith

17th April 2022

1 upvote

NQ. Another thing is to check the tenancy and see if they can assign the tenancy to the son. And then the parents would be down as occupiers

Shirley Smith

17th April 2022

2 upvotes

NQ The son would be picked up by the council and would not be made homeless given his disabilities, so they would rehouse him in a suitable property.

Ruby Turley

17th April 2022

1 upvote

NQ I have a son with complex needs and have some understanding of how the system works. It maybe advisable that they contact their local adult social care services At the local council and see if their son fits the criteria for assisted living, if he requires that level of suit also for a care manager. This may be better now as a more sustainable and suitable place could be found then a rush job at a later date.

Tracy Harris

17th April 2022

1 upvote

NQ: succession on tenancy will soon depend on where you live in the uk. For example in July in wales it changes to a maximum of 2 successions of tenancy. I would advise then to sign a new tenancy agreement (they would keep their assured tenancy) but with the new tenancy you can have the husband and wife as joint tenants and have son listed as a dependant or non dependant who lives there. Doing this means there is no succession of tenancy between the husband and wife as they will be joint tenants meaning son can have succession of tenancy. In regards to health issues of son, like others have advised go to gp get everything logged and try and get diagnosis as this will help him in long term getting all the help he requires

Robert Arrington

17th April 2022

2 upvotes

NQ but similar family situation. We have made provision through the council for assisted living so the son would have to move. They need to contact social services and get this in place asap. If they needed old age care it would fall to the council to provide if the assisted living arrangements were no longer suitable. If he’s working and has no assessment he’ll be considered able to rent privately so need to get it documented correctly, my family went through a very challenging assessment for this person, told there was nothing wrong with him etc, as an adult when they were in their 40s and parents in their 70s. Got there in the end. I’d also look into getting POA joint between one parent and yourself

Tristan Skelly

17th April 2022

1 upvote

Nq i would recommend when tenancy is passed down to put it in joint names including your brother then he will be ok to stay

Jennifer Mcleod

17th April 2022

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