Brother just died, can I staying living in his flat?

[nickc]

As usual, turning to LegalBeagles in the hope of any help.
Does any know if I have a right of succession as I have been living and caring for my brother in his housing association flat for over 12 months and he has now died?
I have lived at the property continuously for the last two years as my principal home and have previously lived here for year-long periods during times when he needed more care.
His tenancy started approx in 2010 and I cant work out if I have any succession rights or will have to move out and become homeless.
Thanks for any help

[seduraed]

I've just found this on the shelter website
https://england.shelter.org.uk/housi...iation_tenancy
The long and the short of it seems to be what the tenancy agreement says.

[nickc]

Thanks for the reply Seduraed, I will have to ask the housing trust for a copy or what it says regarding succession and let you know what it says'Thanks

[des8]

I think the situation is not as simple as that Shelter link makes it look.

Under Housing Act 1985, s.87 a person is qualified to succeed to a secure periodic tenancy if he occupied the dwelling house as his only or principal home at the time of the tenant’s death and either: i) He is the tenant’s spouse or civil partner or ii) He is another member of the tenant’s family and has resided with the tenant throughout the period of 12 months ending with the tenant’s death

From April 1st 2012 any new secure tenancy granted in England has different statutory succession rights
S.160 of the Localism Act brought into force the new section 86A Housing Act 1985
Under the "new" rules family members will no longer automatically. succeed if there is no qualified spouse or civil partner unless an express term of the tenancy makes such provision.

[nickc]

Thanks DES8 , my brothers tenancy was pre 2012 and I lived with him at the property as my primary residence for over two years - would this mean I am still eligible as it would be before the 2012 act - obviously if the tenancy does actually allow succession?

[des8]

This is not my area, but it seems to me that, if all conditions are satisfied, you should be allowed to succeed.
I was involved with a friend who had a similar sort of problem, but he had quite some difficulty arguing his position, although eventually she won.
So you might have an uphill struggle, but good luck

[nickc]

Just a quick update. I provided my housing trust with various proofs of my occupying the flat as my primary home. After taking just 6 days to consider my application, today a team turned up to the flat with a Notice to Quit - bizarrely they gave this notice to a neighbour of mine as they said I wasn't in and instead of addressing it to me, it was addressed "To the personal representatives of ????" and then put my deceased brothers name.
Odd, because they have my name and all my details from the succession application.
I immediately phoned the trust and they said my succession application had in fact been denied.
The problem I have is all my mail was sent to my mums flat downstairs - there are just six flats in the building - and I would pick it up on the way in or out of the building. My brother suffered from a major mental illness for over 25 years which resulted in an unusual relationship with post and phone calls and it was simpler to get my post at my mums so nothing would go missing.
(For 12 years all of my brothers post was intercepted by the postal workers and delivered to my mums for the same reason)
I have explained this to the trust and provided them with 12 months of my mail that was sent to my mums flat downstairs.
Anyway, I suppose the question is does anyone have any advise.
Thanks

[des8]

Presumably they have decided the proofs of occupation you submitted were insufficient.

I believe your next course of action is to remain and wait for HA to start the eviction process, and then defend your position in court.
Perhaps consult Shelter (http://england.shelter.org.uk/) altho' others might be along with other advice

[nickc]

Thank you DES8, I will stay here and deal with the HA and eviction process. In this digital age I am wondering if my personal email logs - showing the IP address of the property in question and me accessing my email account dozens of times of day and night for the last 12 months from the same IP address would be enough proof, I have spoken to BT today and they said they don't provide them, I am not very computer literate, perhaps there is an easier way

[des8]

Sorry nickc but don't ask me about computers and internet workings.
If it's not mechanical or designed after 1975 I'm lost!

[wales01man]

Sorry nickc but don't ask me about computers and internet workings.
If it's not mechanical or designed after 1975 I'm lost!

Still using Morse code then Des and starting cars with a handle

[Amethyst]

Your IP address doesn't seem to be static and isn't with BT anyway so I doubt if that would assist you in proving residency.

You need to ring Shelter for advice. ( possibly https://sheltercymru.org.uk/ ?? ) but phone number is 0345 075 5005


Do you not have anything registered at your brothers, rather than your mums address ? Electoral Roll ? Council Tax ? Benefits applications ? HMRC / Employer ? Electricity / Water etc ?

[des8]

Still using Morse code then Des and starting cars with a handle

How else do you start a car if you don't live on a hill??

[MIKE770]

Rolling Rolling Rolling down the river

or use these Semaphore like we use to on the hill! OOOpppssssssssssZoooooooommmmmmmmm

[nickc]

Thanks for the replies. Due to my brothers illness - which was severe requiring many sections over 25 years - it is hard to explain his actions in a rational way. As a family we adapted, and as such, learned certain strategies which included removing post and possibility of phone calls. I purposefully ensured no post or phone calls came to our flat. It was just as convenient to have them addressed downstairs at my mums flat where I would pick my post up every day and saved them being intercepted by my brother. I have explained this to the HS but now need to deal with the Notice to Quit.