Dying & Leaving council property to an 18 yr old son

Question

Bit of a strange situation here,

A friend has recently found out he has bone cancer & has been given under a year to live. He has 3 children (he's divorced from their mother by the way) one has their own property the other 2 (both are males) are still at the moment living with their mother. The mother is happy for the youngest (age 18) to stay at home but asked the other one (age 21) to leave as she wishes to move to smaller property.

The father of the boys wishes to leave his council property to the youngest boy & is arranging to have the youngest boys name put on the tenancy.......however, the 21 yr old has now asked his father if he could live at his home as his mother has asked him to leave. The father has agreed to that but he's now worried as to where the youngest boy's legal rights would be in the event of the 21 yr old refusing to move out.

Geez! I hope this is making sense to you.

Basically can my friend even have it arranged for him to leave the property to his 18 yr old & what rights would the 21 yr old have after my friend dies.

I've been asked to see if I could do some research into this for my friend but can't find any info on google.

Would appreciate any feedback I could return.

BTW the 21 yr old has a good job & can afford to go private, the 18 yr old is just trying to start out having recently finished college.

Answer 1

get in and get his name on the tenancy and the poll tax roll . like yesterday .

Answer 2

A council tenant can't leave his tenancy to anyone.  The tenancy passes with the tenant, unless they are married and even then the surviving person may be moved into smaller accommodation.

Answer 3

he may not be able to put his sons name on tenency if it is a 1 bed flat,unless he can prove that the son is there looking after him or something,i know it sounds harsh,if it were 2 bed property it wouldve been less problem,another option is to try and get your friend to exchange to larger proprety(depending on his state of health),i feel sorry for your friend and his plight,get veryone on side,write to mps ,go see councillors etc,health proffessionals may help too,as having his son there may improve the remaining quality of his life!i hope it works out

Answer 4

You can't leave a council house to another person. It will be taken back by the council and placed back on the list of properties available for waiting families. Only under extreme circumstances will the council property be transfered to a relative/selected person.

Answer 5

i think the rules have changed now for a rented council house dont think you can leave it to any one we r in the same boat

Answer 6

I would phone up and check with the council about this one. I think that as long as the 18 yr olds name is on the tenancy agreement he could take over the rent when his dad dies. The 21 year old could stay there if the 18 yr old was happy to let him otherwise I guess he could get the council to evict him. The council may ask the 18 yr old to move to a smaller property too. If you don't want to ring the council you could ask the CAB.

Answer 7

You cannot deed what you do not own to anyone else,the property belongs to the council.The father may ask the council to consider his son being given the tenancy agreement,providing the son also applies and agrees.The council have the last word on tenancy but are usually very sympathetic to individual cases,but may downsize a single person.

Answer 8

your friend needs to get his son (or sons) added to the tenancy agreement, this way the tenancy will automatically default to him when his father passes  

Answer 9

this happened to a friend of mine and my neighbour firstly my friend mother was ill she still lived in the council house she grew up in my friend  put her name on her mothers tenancy her mother died 13months later and the tenancy was then my friend as she had her name on the tenancy for 6 months ,my next door neighbour took over the tenancy of her house after her mother died and she had not had her name on the tenancy ,she did how ever live in the house all her life never left home ,she now owns the house she bought it with the right to buy.

Answer 10

You cannot 'assign' a Council House tenancy.  You can apply to have the tenancy transfered to another family member but your local council housing department could well consider that the 18 year old has no more right to the property than other people on the Councils waiting list. As neither of the boys are currently occupying the premises' officially as part of the tenant's immediate family I think that the most likely outcome is that the house will go back into the councils housing pool and will be offered to whoever is at the head of their waiting list when the houses' current official tenant dies. neither son has any right to a tenancy in the property, the father's only right is that of occupation whilst his own tenancy is in force. he is forgetting, it is NOT his house, it is in Public ownership, he merely rents it.

Some of the people answering are missing one of the most important aspects, neither of the two sons live in the house with the father so there is no evicting of them as a factor. Neither of the sons have ANY rights at all for being considered before people currently on the waiting list.