Family issues

Hello there I am a newbie here, I am 33 years old Carer looking after my brother Mike 28 whose got autism.
Recently we moved in back to our mum house few months ago June this years who sadly passed away 2017 while another brother Sam was living there
My main issue is he been the main tenant of the house and it’s been stirring a lot of problems between us regarding his bad hygiene and also wanting to rent out a room in the property which I been denying him from as I got mike to look after and he don’t like strangers in the house. But instead went behind my back and managed to move the new lodger in while we was out

I want to know where to get some legal advice or something mad I have rang the housing officer and told me my brother is the main tenant and we don’t have rights to anything but I disagree as it’s been a family home the past 18 years and now I can’t have a say!! :cry:
Please If there is anyone out there with some advice I be so glad
P.s I have been told to apply for employment allowance and direct payment
I am currently receiving income support and Carers allowance

Hi Dan … welcome to an extremely quiet forum as I type.

A little confused on the housing front.

If your brother is the main tenant , are we talking social housing or b.t.l. ?

If the former , is he the sole tenant as far as the tenancy agreement is concerned ?

If so , is he the last " Successor " as far as social housing law is concerned ?

A potential tenant ? Again , if social housing , every likelyhood of breaching the tenancy agreement.

Even with answers to the above , one destined for SHELTER ?

Welcome to the forum.

Who actually owns the house? Have you seen your autistic brother’s tenancy agreement?
Most tenancies have a clause about not sub letting.

Are you his legal “guardian”. If not, I suggest you investigate this, then you will have the same status in law as your brother.
Have you applied to become DWP Appointee for your brother?
If not, this should be a priority.

If he is the tenant, not Sam, then he can ask Sam to leave and most definitely tell the lodger where to go.

I would strongly recommend contacting Social Services for an up to date Needs Assessment for your brother, and a Carers Assessment for you.
Ask Social Services if they can help your brother over the tenancy problems with Sam and lodger. He is a vulnerable adult and they can step in under certain circumstances, usually after a Best Interests Meeting.

Is your brother registered with adult Social Services.

Although you provide care do you deem him as a vulnerable adult. Even though you brother agree for the lodger to move in. Did the lodger take advantage.

It’s a council house my mum used to live there
My brother’s social worker is finding out about being my legal guardian
She also had. A meeting with us and will be emailing the housing officer
But I feeel like I am going nowhere
I am really in shock into how much very little help from everyone so I have planned to visit my brothers Gp

I have workerd abt 15 years full time I am fully ashamed how much help we get
Regarding finances is terrible just on income support and carers, what future is that ???

Yes he is registered had a meeting too but I feel like it’s going nowhere
Regarding the lodger moving in
He moved in without my awareness as I discussed with my brother not to bring anyone in the house :-???

Time to consult with SHELTER , Dan.

Unless . of course , that social worker is an expert in housing law ???

The word SUCCESSION looms large here.

( Potential homelessness is not to be ignored ! )

As does a tenant … a sub tenant in social housing ???

As a kinship carer , there is a thread with some very useful information thereon :

Is you brother in receipt of housing benefit and council tax etc

I couldn’t agree more about finances!

You are going to have to push Social Services to do something.
Social workers tend to avoid problems, rather than deal with them.

Applying for guardianship is nothing to do with them. Look at the Office of Public Guardian website for more details.
Do you have full details of your disabled brothers bank accounts etc.?
Did mum leave a will?
Who paid for the funeral etc.?
It’s vital that you protect any money your brother has.

Hi thanks for the reply
Yes you are so right about social workers I feel everything is so slow it’s been two years i feel like I am stuck all by myself
I do have hold of my brothers account as I look after him 24/7
There was no will and regarding the funeral costs it was done abroad so we didn’t received any help financially which was a hard time borrowing money from friends and family

Yes he is Thanks

So mum didn’t leave any money at all?

It’s really important for both of you, to formalise your management of your brother’s finances.
Are you his DWP Appointee?
Does the money go into his own account?
Does his go into a separate account in your name, but solely his money?
(One forum member had real problems because his brother’s money wasn’t organised properly).

Have a read…

Will taking in a lodger affect your Housing Benefit?
If you get Housing Benefit (HB), the first £20 of weekly income from a lodger is ignored and won’t affect your benefit. If meals are included, 50 per cent of anything over the £20 is also ignored.