When is a son not a son

[Wizardsmagic]

Some troubling times on my in-laws side of the family. Any legal advise gratefully received. This is in England if it makes a difference

Person A passed away last week
Person B is Person A's Step-Son, and has been for 41 yeaars, since B was around 10. B took A's name at that point but no formal adoption took place
For the past 31 years B has lived with A (Around 20 of those with B's Mum as well, until she passed away), in the current council house
For the last 12 years B has been registered as A's career, and this has been B's only income. A was disabled (wheelchair bound)
Already the council have spoken to B and hinted that as he is not a blood relative of A he will almost certainly not be able to stay in the house.
There is an official meeting Wednesday coming where the council have told B that he should have somebody with him (Not sure they'd say this if it was good news).
So, B is now panicking. He has just lost the person he considered his Dad, he has also suddenly lost his sole income, and it seems that he may be kicked into the streets.
Does anybody have any information on the legal responsibility the council have towards B He is prepared to move to a smaller property, but the council have suggested as his name was not on the current council house they have no obligation to him at all. (forgive the bluntness, I'm sure it wasn't entirely explained to him like this, but that's how it was relayed to me)
There are some further difficulties with the will (or lack of) because of the Step status, but A had very little so this isn't significant.
B is prepared to find a job to support himself going forward, unfortunately not immediately, as he is currently ill and awaiting an operation. (It never rains but it pours)

Thanks,

Wixards

[IsleofWightPete]

Person A passed away last week
Person B is Person A's Step-Son, and has been for 41 yeaars, since B was around 10. B took A's name at that point but no formal adoption took place
For the past 31 years B has lived with A (Around 20 of those with B's Mum as well, until she passed away), in the current council house

Does anybody have any information on the legal responsibility the council have towards B He is prepared to move to a smaller property, but the council have suggested as his name was not on the current council house they have no obligation to him at all.

What you are talking about is the right to succession.

Individual rights to succession can be affected by the tenancy, but in general terms, step children are usually entitled to inherit the tenancy in the same way as blood-related children.
Succession rights of relatives of an assured tenant
Family members of an assured tenant can only inherit the tenancy if the tenancy agreement says this can happen.

Many housing association assured tenancy agreements allow a relative to succeed when the tenant had no spouse, civil partner or cohabitee living with them. It will normally be a condition that the relative was living with the tenant for at least 12 months before they died.

Relatives who may be able to 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 aren't.

Check the tenancy agreement to be sure you can inherit the tenancy.
https://england.shelter.org.uk/get_advi ... on_tenancy

However, generally, tenancies can only be inherited ONCE (unless the lease specifically provides for more).
So it might depend on whose name the tenancy was originally written. If the Mother originally held the tenancy in her sole name, it might already have been inherited once by the step father, and therefore there may be no right to further succession.
If the tenancy was originally in the step father's name, then the inheritance by the step son would be fine as it would be the first.

[melonfool]

Person A passed away last week
Person B is Person A's Step-Son, and has been for 41 yeaars, since B was around 10. B took A's name at that point but no formal adoption took place
For the past 31 years B has lived with A (Around 20 of those with B's Mum as well, until she passed away), in the current council house

Does anybody have any information on the legal responsibility the council have towards B He is prepared to move to a smaller property, but the council have suggested as his name was not on the current council house they have no obligation to him at all.

What you are talking about is the right to succession.

Individual rights to succession can be affected by the tenancy, but in general terms, step children are usually entitled to inherit the tenancy in the same way as blood-related children.
Succession rights of relatives of an assured tenant
Family members of an assured tenant can only inherit the tenancy if the tenancy agreement says this can happen.

Many housing association assured tenancy agreements allow a relative to succeed when the tenant had no spouse, civil partner or cohabitee living with them. It will normally be a condition that the relative was living with the tenant for at least 12 months before they died.

Relatives who may be able to 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 aren't.

Check the tenancy agreement to be sure you can inherit the tenancy.
https://england.shelter.org.uk/get_advi ... on_tenancy

However, generally, tenancies can only be inherited ONCE (unless the lease specifically provides for more).
So it might depend on whose name the tenancy was originally written. If the Mother originally held the tenancy in her sole name, it might already have been inherited once by the step father, and therefore there may be no right to further succession.
If the tenancy was originally in the step father's name, then the inheritance by the step son would be fine as it would be the first.

I don't think I could read it quite the way you have described it. The 'rules' do not include inheriting from a spouse, so even if the Mother was the tenant it would seem to me that the only inheritance is the step-son - it *appears* the right of the step-father is different, automatic - and the rules you have posted only apply where there is one tenant and no spouse.

If the rules above apply, then I think the stepson would inherit. Of course, none of that matters anyway as it depends what the agreement says.

I wonder what sort of operation the chap is waiting for that means he cannot seek employment? If he is homeless, btw, the council does have a duty to house him.

Mel

[Wizardsmagic]

Thank you for both comments. It seems there is not a one-size fits all housing agreement. It's encouraging that the wording at the link suggests that step-relations are usually included. I will pass this link on to make sure that he has as much information as possible going into the meeting, and to make sure that he gets hold of the agreement beforehand as well.


I'm not entirely sure of the nature of the operation, I know that gal stones were mentioned and that some further complication has occurred because of them I know he is on pain killers and was in hospital for a few days two weeks ago because he was in so much pain. Whatever happens he will have to find a job as soon as he can, just to put food on the table (wherever that table may be)

Thanks again,

Wizards

[melonfool]

Thank you for both comments. It seems there is not a one-size fits all housing agreement. It's encouraging that the wording at the link suggests that step-relations are usually included. I will pass this link on to make sure that he has as much information as possible going into the meeting, and to make sure that he gets hold of the agreement beforehand as well.


I'm not entirely sure of the nature of the operation, I know that gal stones were mentioned and that some further complication has occurred because of them I know he is on pain killers and was in hospital for a few days two weeks ago because he was in so much pain. Whatever happens he will have to find a job as soon as he can, just to put food on the table (wherever that table may be)

Thanks again,

Wizards

He could look for care work, he's used to it, there's plenty of it around and it can be fairly flexible. Even if he has to give it up when the op comes along, he'll probably find a new post pretty quickly. Btw, I worked the whole time with my gall bladder disease, except for two weeks during and post-op.

Mel

[jockblue]

How big is the house? Some relatives of mine had a similar issue when the mother and father passed away, and the council wanted to relocate the surviving daughter to a smaller property, freeing up a four bedroom house that there would only be one person in. It could be that the issue isn't so much the relationship, but the house itself.