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House and home

*Will I be made Homeless if mum dies*

(112 Posts)
munkee Wed 22-Jun-22 21:45:20

Hi everyone, I'm trying to find out the situation for live in carers of a parent when they die, and wonder if anyone knows or has been through the problem i now find myself in. I will explain my situation which is... I am 56 and live on my own 80 miles from my mum in a private rented flat. My mum who is 76 has been asking me to move back home with her into her 3 bed council rented house for sometime as she struggles to get up an down the stairs, she finds it hard and painful to lift things like saucepans kettles etc due to a past shoulder injury. she has various other ailments including her breathing, blood pressure etc she gets very lonely and due to some close family tragedies struggles with depression, so she wants me to move back home with her and maybe look into being her carer. what my problem is, is if give up my private rent flat here and move into mums council house with her I said she needs to make me a joint tenant for my security. she says that the council will no longer allow me to be a joint tenant with her or for family members to take over the property when she dies. this means [or does it ??] i would probably be in my mid 60's and homeless which ive said to mum im not going through that sort of turmoil at that age especially as i have my own health issues. does any body know if i am my mothers registered full time carer, do councils allow for this? do they or will they? give you some kind of assured tenancy and that they will not just say "ok mums dead ! you have 14 days to move out" and the issue has Now been compounded as my landlord has messaged me in the last couple of days saying that they are selling my flat and need me to vacate [no date or time given as yet] so as she can update the boiler cooker etc and redecorate. so i need to make some decisions pretty soon and don't know what the heck to do I'm feel really stressed an down myself now and just want to bury my head in the sand till it goes away. hopefully someone here can advise or has been through a similar problem. thanks in advance hopefully for any help or information given. confusedsad

NittWitt Sun 03-Jul-22 17:15:42

How's it going munkee?

Explain the reasons why you are looking to move home and they will beable to confirm that they will rehouse you.

Be careful, though, if they say "Yes, you'll be eligible to go on the list." or suchlike.
That could mean no immediate offer of accommodation and a wait of a few years.

I hope you are getting it sorted out.

fluttERBY123 Sun 26-Jun-22 18:02:59

A friend was in.a similar situation. Councils are so keen to get their hands on 3 bedders you can practically dictate your own terms for moving out of one.

Keffie12 Sat 25-Jun-22 23:44:43

If you are living in a house too big for you when your mom passes, they have a duty of care to rehouse you into a place for the size you need. This would be a 1 bedroom/house or flat.

You need to check with your mom's local authority that if you do move back in that they will rehouse you after she passes into a home suitable for the size you need, to be on the safe side.

Explain the reasons why you are looking to move home and they will beable to confirm that they will rehouse you.

I work in this area, so I do know the guidelines on this

Purplepoppies Sat 25-Jun-22 09:27:00

Having watched a programme fairly recently about people in similar circumstances, the councils in those instances were offered the person left behind (ie you ) accommodation, but miles away. Say from Nottinghill to Newcastle.
Crazy.
Just be very careful. Maybe get a wee place near your mum, not live in?

lemsip Sat 25-Jun-22 08:46:13

I could think of nothing worse than having a son of mine have to move miles away from his home to become my carer........ I would not expect nor allow him to do it!

StarDreamer Sat 25-Jun-22 08:09:49

MissAdventure

They aren't harder, but where does the line of succession stop, unless there are clear rules?
One person in a three bedroom house is not the ethos of providing social housing.

I can't remember the exact figures, but a council manager told me they had 2 three bedroom places come up for rent within about a two year period, when there was a couple of hundred people waiting on the top part of the list for one.

There is scope for an interesting new thread there about whether if there are lots of people waiting for council houses should more being built, where should they be built, and where should the money come from.

pearl79 Sat 25-Jun-22 02:25:53

Hi Munkee, i think you have almost a surfeit of advice here, some of it very good and some of it really not so helpful (polite description).

I would suggest that you keep schtum with your current tenancy, don't let on that you're not intending to just walk out the door as soon as they ask. Keep your rights going as long as possible, at least until you've made a decision about what you want to do next.

I would personally "advise" against moving in with your Mum. Being a carer is a 24/7 "job", 365 days a year. In theory you can get some respite care, in practice it's nothing like as much as you'd need.

I would suggest you ask ALL the various agencies/groups/etc you can get hold of, about your rights of tenancy if you do move in with your mother. They will all advise according to their own preferences/requirements, and not all are known for their truthful answers. Meanwhile some can be entirely truthful, yet over time the rules change beyond their control.

I would suggest that you think about other ways you might be able to help your mother. She will almost undoubtedly come to need a full time carer, and if you are doing that you simply won't be able to cheer and amuse her as you and she might like. You might be better placed as a cheerer than a carer.

I think you really need to think hard about what it is you'd like to do. You mention involvement with children, which is less likely to happen if you're totally exhausted by caring for someone who right now "refuses" to move to accommodation that would be easier for her to live in, and as time goes by she's likely to become less amenable.
So you could probably help her more by spending a little less time with her.

Remember that old phrase, "possession is nine tenths of the law". It's also a good negotiating tool. If you work out what it is you want, you might be able to negotiate those: eg if the council want their 3-bed property back they might swap for warden controlled for your mother and a one-bed flat for you. (worth a try)
The last time I looked into it, if someone (relative) had been a live-in carer for sufficient time they could negotiate a proper tenancy on the death/moving to care-home of the cared-for person. As others have said, varies from one council to another, but reliable info prob best from eg CAB. EG the council won't tell you the loophole if they think they can move you on.

Saetana Sat 25-Jun-22 00:19:51

My husband died at Christmas - we had a joint council tenancy. After a respectable period of time the council politely got in touch with me to arrange an appointment for someone to come round with a new tenancy agreement for me to sign in my name alone. It was made clear when I signed this that I could not pass the tenancy onto anyone else - I believe it used to be the case you could pass your tenancy to an immediate family member provided they had been living with you for a certain period of time. Best to enquire with your mother's council what the current regulations state - be honest with them about your situation, you do not want to end up homeless when your mother dies if its not possible to transfer the tenancy to you.

MissAdventure Fri 24-Jun-22 23:20:06

They aren't harder, but where does the line of succession stop, unless there are clear rules?
One person in a three bedroom house is not the ethos of providing social housing.

I can't remember the exact figures, but a council manager told me they had 2 three bedroom places come up for rent within about a two year period, when there was a couple of hundred people waiting on the top part of the list for one.

icanhandthemback Fri 24-Jun-22 23:06:19

Germanshepherdsmum

Maybe because they are in effect provided by the taxpayer but are treated by tenants as though they belong to them?

But in days gone past and no doubt at the time of the OP's mother, that was the way it was. Indeed, at one time there was a way of passing it on to other tenants as long as they were in situ. In fact, the rules on private tenancies will soon change to make it harder for a landlord to get tenants to move out so it would seem ironic if the rules on state owned properties got harder!

Flakesdayout Fri 24-Jun-22 22:56:27

Do not move out of your flat until you have received a Notice Seeking Possession. Once this has been issued the matter goes to Court for a Possession Order and once that has been issued a Bailiffs warrant is granted, at which time the Bailiff will set a date to evict you. You must follow this process. If you do not you will be intentionally homeless.

To move in with your mum into her Council home is a risk as, Councils do not allow succession of tenancy. It may that you could move together and obtain a joint tenancy but check with the local authority first that that can be done. You will have to show your Notice Seeking Possession and go through the process of applying for Council accommodation with your mum. You need to consider that your mums care needs may in time be too much for you to deal with and she may need to go into care. That would leave you possibly facing homelessness.

There is a lot to take into consideration so think very carefully and get as much advice as you can.

readsalot Fri 24-Jun-22 22:15:47

I would also advise you to look into almshouses near your mother. Good luck whatever you decide.

jools1903 Fri 24-Jun-22 20:40:37

Could you look at over 55 housing association flats near your Mum? You might be in with a good chance of getting one as a) you need to move and b) you’re needed to care for your Mum. Which county is your Mum in? I may be able to give you some pointers.

Casdon Fri 24-Jun-22 20:30:35

Germanshepherdsmum

Maybe because they are in effect provided by the taxpayer but are treated by tenants as though they belong to them?

I don’t disagree for tenants who were aware what the rules about moving out when they need less bedrooms are now from the time they moved in, but it’s unreasonable to impose new rules on older people who were led to believe it was their home for life. I can understand why they need help and persuasion when the house is no longer suitable for their needs, as we all would in that situation, but I think the attempts to force them to move from homes they had lived in for many years made by some councils were harsh.

Germanshepherdsmum Fri 24-Jun-22 20:22:48

Maybe because they are in effect provided by the taxpayer but are treated by tenants as though they belong to them?

icanhandthemback Fri 24-Jun-22 20:16:52

Hithere

While leaving a family who truly needs the 3 bedroom?

This person has mobility issues in that house already!
People move all the time and OP's mother is behaving like a tantrumy toddler

That may be so but the rules gave the tenant that house for life. The OP would be entitled to have a stair lift put in to resolve problems. The council's give grants for such items.

A person who owns their own over sized house or privately rents can't be forced to move so should we discriminate against socially tenanted houses?

Casdon Fri 24-Jun-22 20:00:53

Hithere

While leaving a family who truly needs the 3 bedroom?

This person has mobility issues in that house already!
People move all the time and OP's mother is behaving like a tantrumy toddler

That’s a mean comment Hithere. OPs mum has probably brought up her children and lost her husband whilst living in that house, she’s bound to be attached to it, it’s her home after all. She needs to be helped to make the decision to move to somewhere more suitable for her needs now, not berated.

Hithere Fri 24-Jun-22 19:06:07

While leaving a family who truly needs the 3 bedroom?

This person has mobility issues in that house already!
People move all the time and OP's mother is behaving like a tantrumy toddler

icanhandthemback Fri 24-Jun-22 19:04:27

I find it strange that your mother is even allowed to continue to occupy a 3 bedroom council house on her own.

The alternative is to uproot an elderly person from her family home which she might have lived in all her married life.

queenofsaanich69 Fri 24-Jun-22 16:38:29

Sorry you are having so much stress,lots of good advice,I hope everything works out well,Good Luck.

MissAdventure Fri 24-Jun-22 16:28:08

I think councils are allowing people to finish their days in under occupied properties,but ensuring nobody else is able to then take over the tenancy.

Paperbackwriter Fri 24-Jun-22 16:24:00

I find it strange that your mother is even allowed to continue to occupy a 3 bedroom council house on her own. There must be many, many families on the waiting list. You'd think the council would be very willing to find her somewhere smaller, wouldn't you?
On the possible eviction question if she dies - we had a friend who moved into his dad's council property to take care of him and he was told to move out quite soon after the father died. He was not the tenant - his father was.

icanhandthemback Fri 24-Jun-22 16:23:56

Be very careful about becoming a live in carer for your Mum. It is not an easy talk caring for anybody but when you have a dysfunctional family, it can cause all sorts of problems. If you have to move out of your house and you want to be of more use, look to rent somewhere near your Mum. As somebody who has been in a caring position, I can't stress enough how much it takes over your life. It is easy to become resentful. It would be better to talk to Adult Social Services and see it they can arrange assistance or give you advice.

midgey Fri 24-Jun-22 15:52:30

It isn’t necessarily easy to ‘downsize’ as a tenant. You have to apply for the smaller property and as you are ‘adequately’ housed (i.e safe) you are much lower on the list than someone inadequately housed.

MaggsMcG Fri 24-Jun-22 15:46:26

Could you rent privately near your Mum seeing as you are having to move anyway.