Housing question - eviction under Ground 16

[badhorsey]

Hi,

I've been having a dispute with the council over housing that seems to have turned an interesting corner.

I succeeded the tenancy to my mum's council house after she died last year. It's a two-bedroomed place, and the council have been trying to get me to move out to a smaller place.

I've recently become aware that to do so, they have to apply to the courts under Ground 16. I've done a little research and it seems that to do so, they have serve a notice called S58 HA 1995 within a year of the death of the previous occupant. It's now been just over a year and they haven't done so.

Does this mean that they are now not in a position to apply to the courts to evict me? Or do they have something else up their sleeve?

I've posted on here before (and had lots of help and advice) about my situation and am very grateful for all the tons of great advice that I've had. Thanks everyone!

BH

[themas]

I assume your mother had a secure tenancy and not an assured one. (If it had been assured, ground 16 would not be applicable.)

It certainly looks as if the Council cannot now try to get you to leave under ground 16. If that is the case then I don't think they can try to get you to leave at all unless you breach any of the terms of the tenancy or they are in a position to use one of the other more general grounds (such as need to demolish and redevelop).

At some stage, the tenancy should be changed into your name (if this has not already been done).

[bednobs]

sorry that i don't know the answer. If youve been having a lot of hassle over this, why not just move to a smaller property like they want you to? i suppose it makes more sense for people who need less space to live in smaller houses? I dont really understand about council housess anyway, so dont listen to a word i say!

It would be really handy if smeone could explain how you can just pass the tenancy over - dont you have to be entitled to get tenancy?

[innocenti]

A friend of mine took over the tenany of the council house her parents lived in when they died. She is now nearing 60 and as the estate is going to the dogs she wants to move out. She has a 3 bedroomed house and wants to move to either a 2 or 1 bedroomed house with a garden and she has been waiting on the list for 2 years and she cannot get another house for love nor money.

You would have thought the council would have bitten her hand off to get her 3 bed house but they are just not interested!

Sorry, not answering your question at all, just having a rant!