council tenancy

[rumbler]

I have been a council tenant for 34 years now and have been in my present property for 15 years. I would like to move from the area but my daughters dont want to come with me. I would like to know if the council would let them take over the tenancy of our home, if me and my husband moved into another area?? Both my girls are over 21 years of age so are no longer children.

[MrShed]

My first thought would be, almost certainly not. A council property isnt a "family home" and shouldnt be treated as such - it is social housing for those most in need of it.

 

Due to the start date of your current tenancy, I am not aware of any rights of succession - certainly not when the property is being voluntarily vacated. I presume the tenancy is in either just your own name, or yours and your husbands?

 

However, I need to add to this - I am not an expert on council tenancies, at all.

[rumbler]

The tenancy is in my name but my husband gets the benefit to pay the rent on the house. My children were all with me when we moved into the property and they dont wish to move. (I know they used to let family members succeed the tenancy if they had lived with a person for two years and if the tenant died they could take it over but not sure about now)

[MrShed]

I believe that succession is only going to kick on upon the death of the tenant.

 

Moreover. Yes, this is a moral standpoint as opposed to legal, which I generally dont do, but as I work in the sector I have strong feelings on it. It would be inappropriate to my mind to allocate social housing to a party or parties for whom the property is not ideally suited. By this I mean, clearly the fact that there are currently 4 of you in the property means that the property is "OTT" for simply 2 people. You need to bear in mind (IMHO) that there will be people out there much more suited for the property than simply your two daughters, who are probably sat on a waiting list for such a property.

 

This is not judging btw, and sorry if it comes across that way - in your position I would be asking the exact same question. But seeing people day in day out in genuine need of such a property means I do feel the need to voice my opinion as to the unequitable nature of a decision that would allow only your two daughters to stay.

[stu007]

Hi Rumbler

 

I fully understand this can be upsetting but i would have to agree with Mr Sheds advice.

 

All you could really do is ask the council and see what their response is.

[rumbler]

Yes I do understand and would think the same way. I only ask as a young fella who lives nearby has sole tenancy of a 3 bed house which his step dad and brother was living in with him and they moved out as he found love with some lady and left the fella on his own and now he has a whole house to himself. I will no doubt have to ask the council if I cannot think of another way to rehome my girls. One of them is engaged so probably her fella would move in here as well, if I could transfer the tenancy.

[Madamfluff]

Sorry but what is stopping your daughters privatly renting something in the area, especially the one who is engaged, two wages coming in should ensure they could get something, why do you need to rehome your girls, you state they are over 21 and are no longer children so its up to them to get themselves sorted out - for goodness sake I was married at 17 and left the family home I have three sisters none of us expected our parents to rehome us, we did it our selves.

 

Sorry but I doubt they will be able to get the house due to the new under occupancy rules and I think you will also find that the young fella you mentioned will soon be moved to let a family that needs the house move there ( a good thing IMO)

Edited July 23, 2011 by Madamfluff

[The Carpet Cleaners]

Could I just add my thoughts here, if you were able to sign your house over to your daughters, and that is a very big IF, you would then go straight to the bottom of any council/social housing list as you would have made yourself homeless, and more to the point you would not have a home to swap with another council/social housing tenant, so you would be the one in a hostel etc.....

[rumbler]

Firstly Madamefluff my daughter are over 21 yes,,, one works as a casual as and when needed ( no full time jobs going where she works) and my other daughter is unemployed, and undergoing hospital treatment. Yes I was also married at 18 but I was fortunate as with my husbands job he got a place for us to live in as well ,, so that was very handy for us. I dont have to find a home for my daughters I know as they will do it by themselves but I just wanted to see is anyone would be able to tell me how the law stands as to changing the tenancy. I would be moveing to another council property in a different area as I have had enough where I am now.

[stu007]

Hi Rumbler

 

There really isnt much you could as the tenancy agreement is in your name all i could suggest is contact the council and ask their advice as ultimately its their decision.

 

Could i also suggest that they get as many applications forms filled out and hand in for council and different housing assotiations in the area to get their names on the housing list.

[rumbler]

Thanks Stu ,, will do that most likely.

[Ed999]

As I understand it, you would not be offered social housing by any other local authority, as you are not in need. Having an existing secure tenancy, you would be classed as voluntarily homeless, and refused rehousing. Nil points.

 

In my opinion, since you are not in genuine need, that policy is right on the money.

 

You are fully entitled to do the usual council tenancy swap, with someone from another district. There's nothing wrong in that, so go ahead. Your daughters should now be moving on to private rented properties, or can choose to go with you. Tenancy swaps are in many ways a good thing, as they do provide some mobility, at least, in the social housing sector.

 

Government policy used to be to encourage tenants to buy their own council house, and thereby achieve some genuine mobility as owner-occupiers. We seem to have taken a giant step backward from that modest degree of progress.

[markcomp]

Passing your home on to another person

 

When you die, your husband or wife, or one other

person in your family who has been living with you

for at least the last year, will usually be able to take

over the tenancy agreement from you. This is called

the right of succession and this can only happen once.

[queensclose]

Passing your home on to another person

 

When you die, your husband or wife, or one other

person in your family who has been living with you

for at least the last year, will usually be able to take

over the tenancy agreement from you. This is called

the right of succession and this can only happen once.

 

this is correct. but new rules for under occupancy is creeping in and and councils are getting hot on it with their waiting lists getting bigger. best thing to do is call your local council and see were you stand on it.

its understandable you want to make sure your children are safe while you move on. which is what any parent would do

 

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