Kev35

Anyone know how Kev is getting on?

All the best, hope you can get things sorted. Looking forward to seeing you back on the forum regularly.

We have been working through a similar situation with family members who were living in a house, but were not on the rent book. The elder person passed away, and we have been sorting out the fall out.

Are you currently registered as your fathers carer? If so, are you receiving state carers allowance? If so, you need to apply for Jobseekers allowance, and also for a personal independence payment, as I know you have your own mobility problems. You may already have these or similar, but make sure you also apply for Housing benefits, and a reduction in council tax. It seems that quite often, the person on the rent book is the one that gets these payments, but not necessarily the one doing the caring..

Apply for everything you can – you may not get it all, but once you know where you are, you will know what you have to live on.

I cant comment on the issue of your home – but watch out for the ‘bedroom tax’.

Bruce

How goes it, Kev? Still waiting for the copy of the tenancy agreement I guess?

I have just noticed it is your birthday today, Kev. Probably nothing is further from your mind at the moment, but please accept my very good wishes, anyway.

Kev,

If you craft your communications on this matter with just a fraction of the thoughtfulness, consideration and well-reasoned logic that you so often do with your posts on here, then I’m sure that you will win through.

Words are a powerful tool, so focus your frustrations into any communications and you will prevail.

Regards,

TO23

Firstly, thanks again to everyone for their kindness and support, it really is somewhat overwhelming. I believe I owe at least a couple of you private messages which I will get around to shortly.

At the moment, this is purely and evidence and information gathering exercise. I am waiting for a copy of my Father’s tenancy agreement and when that arrives it will give me a clearer idea of what I can and can’t do to try and resolve the situation.

Richard, I’m afraid logic doesn’t really seem to come into this. The Housing Association really do seem to be working to a script. To be honest, I don’t think they’ve actually encountered this situation before, at least not with someone who is prepared to give them a fight.

I will keep everyone updated regards any progress but I think they are going to drag their heels now.

Dad said to me tonight in one of his more thoughtful moments, “at least when I die you’ll have somewhere to live.” “Yes Dad” says I,thinking of the potential new residence I spotted whilst out in the car yesterday. I must take a photo of it to show you all, I think you’ll be impressed.

Thanks again for your kindness.

Regards,

kev35

Hi Kev,

Can’t offer any help with the housing issue, except to say hang in there, don’t give up without a fight.

However, I can sympathise with dealing with Alzheimers/Parkinsons in a loved one, in my case it was my Father-in-Law. I know only too well that it can be soul destroying watching a close family member become a shadow of their former self. I felt absolutely helpless, as the situation was totally beyond my/our control – all I could do was offer support to my wife.

Just remember, you are not going through this on your own. Many of us are physically too far away to offer to buy you a pint and lend an ear in your local, but I think many of us are always willing to offer a virtual pint and a listening ear on the forum, or if you want to ‘vent’ your frustrations in less public way feel free to PM me and we can do it “off line” via PMs or emails.

Keep you spirits up mate, you have always had a way with words, always able to cut through the cr@p and get to the nubb of the issue, I have no doubt you can use that skill wisely if/when tenancy discussion get tough.

All the best
Paul F

Kev
Housing associations have funny rules. My in laws recently went into to a care home, only for two weeks respite care, however whilst there they were assessed, it was found that it would be best for them, if the care was permanent. This was agreed by the Family. So a letter was sent by my wife, to the housing association that owned the property that they lived in, explaining the that the property was no longer required and could be free to re-let by the 30th of March.
Back came a letter basically saying no you cannot do it like that, you have to get your parents to write to us, saying that they wish to give up the tenancy and have giving you permission to act on their behalf. And you need to send a letter to us explaining you are acting for your parents. (Thought that was what the first letter was about). Also four weeks notice must be given to end the tenancy. So now the property will be empty until 30th April. ( A Month, when someone could have been living in it).

Just a thought What if, your father ended his tenancy agreement and at the same time you apply for the new tenancy. Logically it would work but no guarantee.

What ever happens we are all behind you.

As much as I would like to, I can not match it but would be more than happy to make a contribution.
It is not charity Kev, it is is Karma.

Ben

Same here

If Kev’s problem is connected with legal advice and the fees thereon as someone previously mentioned, perhaps we could establish a fund for that purpose ? Kev, would this be acceptable ? If so, I’ll start it with £25.

I’ll match that

Kev,

There might be some assistance for your case provided under the Human Rights Act, 1998.

Article 1. Protocol 1. (Qualified)

Quote:

” Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest……..”

Article 8 (Qualified) The right to private and family life

It might be worth mentioning in any correspondence with the landlords, that you are prepared to use these two Articles from the ECHR to protect the position of you and your father.

I do not think that they will want to get into a protracted legal argument even tho’ the prospect of removing you and your father means that they, the landlords will be able to sell the property unencumbered and presumably for a significant financial gain.

Given your father’s circumstances, and yours as his sole carer, I can’t see any Court giving judgment against you. If the landlords do serve you with a possession order, make sure that social services know all about this matter.

If the unthinkable happened and neither of these two HRA Articles were of any use and the requirements of natural justice failed then, I’m certain that the social services would make available a home equal in amenity to that from which you have been evicted.

Just a thought Kev. When was your Father diagnosed with dementia or Altzimers ? If it was pre signing of the “new” agreement
maybe you would have a case that as he could not comprehend the document it should have been signed over to you. I still do not comprehend why if it was a joint tenancy it needed a new agreement as one of the parties to it was still alive. Still I have no legal knowledge of the whys and wherefores of this.

Kev. I have a friend, 2 yrs younger than myself, his parents died, and my friend faced the same as your problem. It to was a Council house, and he offered to buy the house from the Council, which he did, and at a good price, due to the length of time his parents and he had lived there. Peter, my friend is disabled, and the DSS have helped to pay for the morguage, some £360.00. per month.
Just a thought, can’t get you out of my head of late. It is worth a try.
Jim.
Lincoln .7

This may not be helpful, but as far as I know the regulation regarding the number of times tenancy can be passed on came into force on April 1st 2012, from your post since that time there has been no succession of tenancy since as you say the present tenancy agreement was signed in 1999.

I know we can’t undo what’s done, but considerng that your father was joint tenant at the time of your mother’s death, surely a new tenancy agreement was not needed and your fathers tenancy was a continuation rather than a new tenancy.

Kev35

You have always been the voice of wisdom and the stabilizing influence on this forum. Like many on this forum I have shunned Facebook, Twitter and the like; so until your last post did not have a feel of the depth of your problem. Recent laws on tenancy have once again been popularist and ill thought out. No I am not a lawyer, but this smacks of a test case. Until dementia is rightly categorised as an illness I know that many people will go through what you are at present. Take heed and strength from this forum; take back what you have already given in bus loads. If nothing else we are a sympathetic ear.

Good luck and keep posting.

Bob

Kev

May I ask who the landlord is or are? Not by name of course but a private individual, a company or consortium? I ask because over that length of time the ownership of the property will have changed.

First of all, can I thank everyone again for their care and concern, it really is appreciated. I think I need to tell you all a little about the current situation.

I live with my 86 year old Father who has multiple health problems, not the least of which are severe Dementia and Parkinsonism. I’m his sole carer and as you will all be aware, both these conditions radically alter the perceptions and personality of the sufferer. Things are not good but we cope. However, we are now getting to the stage where Dad’s life expectancy is either severely limited or, he will need residential care. This is where my current and future problems lie. We live in a rented terraced house, in fact the tenancy of my family in this property can be traced back to the 1911 Census giving us 103 years of unbroken tenancy. It seems that the laws of succession were changed by the 1998 Housing Act. My Mother and Father have been joint tenants since 1960 or 1961 until the death of my Mother in October of 1999. Upon her death a new tenancy agreement was signed by my Father. I enquired at the time about the security of me living here in the event of my Father’s death. I was told it was secure but nothing was ever put in writing.

Fast forward to this week and I made further enquiries and was told that the tenancy will end with my Father, that there is no longer any legal right or expectation that I may succeed to the tenancy. So, it appears that in the near future I will be homeless and forced to get rid of the 103 years of history that live in the house with me. It seems I have no legal challenge to this but am gathering evidence and information to encourage them to allow me to remain whn the inevitable happens.

So in the meantime we ait and see what happens.

Thanks again for all the support.

Regards,

kev35

If Kev’s problem is connected with legal advice and the fees thereon as someone previously mentioned, perhaps we could establish a fund for that purpose ? Kev, would this be acceptable ? If so, I’ll start it with £25.