Succession tenancy

My mum just died yesterday, I've lived with her in this house for 34 years, will the housing association give me a succession and help me downsize,
I don't know what to do I'm so stressed out about being made homeless. I live in London

Oh I am so sorry for your loss. I'm also sorry that I didn't see your post until today.

https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_housing_association_tenancy

Many housing association assured tenancy agreements let a relative succeed when the tenant had no spouse, civil partner or partner living with them.

The relative normally must have lived with the tenant for at least 12 months before they died.

Relatives who could inherit the tenancy are the tenant's:

   parent or grandparent

   child or grandchild

   brother or sister

   uncle, aunt, nephew or niece

Step relations, half relations and in laws are usually included, but foster children are not.

Check the tenancy agreement to be sure you can inherit the tenancy.

Contact the landlord as soon as you are able to discover if you can apply for a succession or not. If it transpires that you can't succeed the tenancy I'd advise you to contact your local council about the threat of being made homeless.

I was a joint tenant when my husband died and I had to fill in a succession form to become the sole tenant. It was all very worrying, but the housing association we rented from were very helpful. I was allowed to scan and email the form. I didn't have a death certificate due to my husband dying suddenly. I simply sent a copy later on.

Please try not to worry. I know it's hard to do when a death occurs, but even if you can't succeed the tenancy it will be some time before there's an eviction date. There's lots you can do before that if such a situation should happen, which hopefully it won't.

Catwoman, I am very sorry to hear about the death of your mum. I hope you have people in real life who are supporting you.

I know sod all about succession tenancies so I apologise for not being able to help.

Take care of yourself.

A friend of mine whose mother and father lived in the same council house since 1970 and where my friend still lives in. His father passed in 1999 and his mum passed in 2014 he managed to keep hold of the tenancy but it was a bit of a fight to keep it. He got in contact with his local MP, Doctors, etc to help him keep the tenancy. At the time it was a bit of a worry. Hope it all walks out for you Catwoman.

Sorry for your loss @Catwoman. ...
Hope things turn out alright for you.

Sorry to hear that Catwoman. Thats a major event to deal with and I hope morons at roach shop go easy on you at a time like this.

The rules around succession tenancies can vary depending on the specific council and the type of tenancy agreement in place. However, here is a general overview of how it typically works in the UK:

Immediate Family Members: In most cases, succession tenancies are typically limited to immediate family members of the deceased tenant, such as a spouse, civil partner, or partner living with the tenant at the time of death. Some councils may also allow certain other family members, such as children or parents, to succeed to the tenancy.

Take professional advice on the above Catwoman, or go direct to your council, i hope the above is applicable to your current situation.

Good luck and hope it all works out for you.

I'm on legacy JSA, will I be able to add housing benefit to my claim, or is it a move to uc.

Sorry to be the bearer of bad news, but according to Gov.uk new Housing Benefit claims are now limited to people in supported/sheltered accommodation or people of state pension age. Sadly, it looks like UC probably beckons. If you are required to claim UC it may be worth considering a trip to the GP for a Fit Note to at least get yourself a bit of breathing space from The Man at such a difficult time.

With regards to your tenancy, local community groups often have welfare rights advisors who should know how your local council works - apologies if you already know that.

To add to my post above, the link about new Housing Benefit claims

https://www.gov.uk/housing-benefit#:~:text=You%20can%20only%20make%20a,supported%2C%20sheltered%20or%20temporary%20housing

I don't know if you are aware of Discretionary Housing Payments, although this link says you need to receive UC or HB to be eligible.

https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments

Local councils still have various Cost of Living type support funds available if you are going to struggle financially. I'm sure your council's website will have details.

Ignatius is right. A new claim for HB can't be made. You will need to claim UC for your housing costs.

Please be aware that it took them 8 weeks to pay me UC when my husband died.

You will get a 2 week run on of JSA though when you claim UC - make sure you make it clear when you claim that it's a move from JSA to UC following a death.

I agree that you should get a fit note. They won't switch job search off without one. Remember that you can have a short period of illness without having to go for a work capability assessment.

You can claim a funeral cost payment if your mother died leaving you with no money to pay for one. It doesn't matter how much money you have in your bank account.

https://www.gov.uk/funeral-payments

Also, if there are any debts that your mother left, you are not responsible for them. Debt can only be paid out of the deceased's estate.  If there is no money in the estate to pay those debts, don't let anyone fool you into thinking you have to pay them. You don't.

How to you let them know your switching to uc due to a death, do you just tell them at the appointment.

The Catwoman wrote:How to you let them know your switching to uc due to a death, do you just tell them at the appointment.

Yes. It's hard for me to remember but I think there's a space on the application form where you can explain your current circumstances. If you have a death certificate and proof that you lived with your mum, take that in with you to the appointment.

The JCP views you as their employee. They might give you what any employee gets when there's a death in the family, possibly a week or two of not having to look for work. You should also get the day off work searching on the day of the funeral, but you are likely going to have to prove that there is a funeral, if requirements haven't been switched off or the date isn't already covered by a fit note.

I know this sort of treatment will likely be distressing for you, but expect them to be callous and you won't be disappointed. If you can, do get a fit note, one that coincides with the date of your claim, even if it's only to give yourself a bit of breathing room.

You just make a UC claim online and once you do that your JSA claim is automatically closed. You will then be contacted to arrange ID verification and a first commitments appointment. Dependent on how much capital you have, you may be eligible for a budgeting advance while you wait for your first UC payment, but then you will be worse off each month due to repayments.

Feel free to tell me to f off if my experiences are irrelevant to yours but here goes. When my Mum died suddenly last April I didn't have to worry about my housing situation so I only have experience of trying to deal with jobsearch etc. I asked to be excused my next signing appointment which was OK'd. However, both UC and JSA rules make no exceptions for the death of a parent, only a child or partner. Thus, you will probably be expected to carry on as normal as though nothing has happened. Longer term, that really hasn't done me any favours, you may be different. Like Absolut says, a Fit Note is the only hope of getting commitments reduced/turned off.

I got an appointment with the doctor for next week not that there any better then the JC, they basically left me alone to do everything for my mum while she was bed bound for a year, I received no help during that time.
Not one gp checked on her and they new the situation they knew she broke her hip a year and a half ago.they knew I was the one always calling them to renew and collect her medication.

The lack of care from the caring professions must cause you more anger and hurt now.

Boring JCP admin stuff alert. New UC claimants are expected to attend the JCP weekly for the first 13 weeks of a new claim - I don't know if this is now nationwide policy or still being piloted in some areas but be aware.

After 29 days of Fit Notes a Work Capability Assessment is automatically triggered and, I think, as long as you are submitting Fit Notes your WC is expected to make reasonable adjustments until the outcome of any WCA. It may be that if your GP gives for a Fit Note for a few months you buy yourself a few months of breathing space, although that would automatically cease if you failed the WCA or didn't want the hassle of one. Returning to work after a bereavement, even shit work, is at least returning to a familiar environment. As we all know, the problem with the jobcentre is their unpredictability. I found individual WC compassionate but the rules aren't. If your name is on a list to do a course etc, it's on a list and you're at the mercy of your WC. 10 minute appointments, cobbling together a jobsearch doesn't seem too onerous, but emotion plus dealing with the jobcentre is probably not what any one needs at this time. Hopefully your GP will be sympathetic to your situation and that will get you some leeway from a WC.

If you need any further help with knowing what you need to do to claim UC, ask away on here if you haven't got the time or energy to do it yourself.

I can't believe, after rushing around and worrying for weeks, my provisional license came Wednesday, I sent the succession form by special delivery on Wednesday aswell.
I have been borrowing money for the rent as I haven't gone on UC yet.
The housing association has just phoned me to say I've
Succeeded the tenancy.
I truly cannot believe it, I was expecting to fight for it..

In the circumstances a housing tenancy must be such a relief for you.

Presumably if you've got a provisional driving licence you managed to find someone to countersign a photo of you - yay. Oh, we all hope the jobcentre haven't been beastly to you during this time.

WC has been very nice actually, after going through all this I'm not even dreading UC.

Glad to hear that things have finally got better for you #Catwoman: "The housing association has just phoned me to say I've
Succeeded the tenancy.".. .

Death of a parent can have a major effect on someone's mental health.A GP will or should agree, and a very long fit note should follow if requested.

Catwoman, I apologise for barging in on your thread with a random question.

You said you had successfully applied for a provisional driving licence. I've decided it's time I had photo id & am currently trying to find a suitable person to countersign either a passport or driving licence application. Would you be willing to mention the "person of standing/suitable occupation" category your counter signatory fell into cos now doctors can't do these things, I'm too ancient for my teachers to remember me, I obviously lack colleagues etc I'm struggling to think of who else I can ask. Anyone else has any suggestions I would be grateful.

My brother reluctantly got he's friend who is a policeman to do it, but he would not ask him to counter sign for a passport which would be better than provisional.

Thanks for that.

It's a full time job in itself trying to find a signature. I've got suitably qualified people who are related by marriage so obviously not allowed. The neighbours who know me well enough for long enough don't have suitable jobs. WC, library staff, optician, etc are not allowed to for customers/patients. I've never been a drinker so I don't know any licensee who could sign. I'm hoping the person who cuts my hair and owns the place is a vat registered business and thus on the Companies House register so could sign.

I'm going big and going for the passport, like you say far more useful.

This maybe useful to others. The Passport Office staff guidance (it's replaced DWP shit as my bedtime reading) gives officers the discretion to disregard the counter signatories occupation if the counter signatory is over 70 and has a valid passport. It uses the example of a 70 year old cleaner being acceptable. Also, they used to have what I will term the Billy No Mates/Billy Wrong Mates option. If you lack a suitable counter signatory you should contact them for advice and they may suggest you apply with a supporting letter outlining your reasons for not having a counter signatory, although the bar for this is high and you will not get your money back if your application is refused. I forsee me having to phone the passport office for further advice.

You seemed to of opened a can of worms here #Ignatius..🧐
The year's 2024, and people still need a passport counter signed! A doesn't the Post Office 'checking service' do this.. But honestly, I thought these new style passports have Bio-metric data on them. So a stamp size photo, shouldnt be that much of an issue ‍.

Post Office Check & Send can take your photo but they are not allowed to countersign to say the person in the photo is the person on the form.

You can't even apply for a driving license without an approved counter signatory from pretty much the same list as a passport either.

I kick myself for not getting a passport years ago when I would have found it easier and I feel a bit annoyed I was born to parents who had no interest in foreign travel. Back in the dark ages of 4 TV channels and 1 telephone on a table in the hall, I did go to France on a school trip but that was on a group passport so useless to me now.

Like you say, a total farce in 2024 that unless you know the winning combination of an approved person, they have a valid passport and, often overlooked, they are willing to sign your form, you are a stuck. If what I now term "Operation Countersignatory" succeeds it will be because someone I don't know well or haven't seen for years takes pity on me. Hardly a robust system which people can have confidence in.

On a final note, about 86% of the population have passports, though it obviously varies by region. I naturally live in an area well below the national average which makes it harder to find a passport holder.