housing association tenancy issue .....

[jaisunny]

Hello, wonder if I can get some advice please.

 

Currently my brother lives in a jephsons housing association house and has done for 5 years. He applied for our sister to move in as she couldnt afford her other house she was renting, he got her in as a lodger back in 2012.

 

Now she had lost her job and is on reduced hours at her new employement. Were trying to add her to the tenancy so there would be a possibility of my sister having the property in her name should my brother move on or so she can get help with rent due to only working 12 hours a week.

 

The housing association has refused this but according to their handbook it states you can add someone to the tenancy if they have been living there for 12 months or longer which she has.

 

The housing association is not budging at all.

 

Anyone able to give some advice on this please? Would really be helpful. Thank you.

[stu007]

Hi jaisunny

 

In the HA response did they give a reason for the refusal?

 

Now when you say the Handbook are you referring to the Customer Handbook?

(If not apologies but in that Customer Handbook the only reference I can find "if they have been living there 12 months or longer" is on Page 27 and the section I think you are referring to is Passing on your Tenancy where it states "a family member who has lived with you permanently for at least the last 12 months".)

 

Now as this refers to Passing on Your Tenancy which in your case you are not as your are wishing to add someone to your tenancy this would not apply.

 

If you are referring to Succession on page 28, of that handbook I am afraid this also would not apply in your case.

 

Please be patient I am sure other will be along.

[jaisunny]

Hi jaisunny

 

In the HA response did they give a reason for the refusal?

 

Now when you say the Handbook are you referring to the Customer Handbook?

(If not apologies but in that Customer Handbook the only reference I can find "if they have been living there 12 months or longer" is on Page 27 and the section I think you are referring to is Passing on your Tenancy where it states "a family member who has lived with you permanently for at least the last 12 months".)

 

Now as this refers to Passing on Your Tenancy which in your case you are not as your are wishing to add someone to your tenancy this would not apply.

 

If you are referring to Succession on page 28, of that handbook I am afraid this also would not apply in your case.

 

Please be patient I am sure other will be along.

 

Ah ok understood.

 

So if my brother was moving out as my sister has lived there for over 12 months then he could hand the tenancy over to her? i think thats his ultimate goal anyway to move out eventually.

[stu007]

The problem they will have is the Brother is a Tenant I assume with a Secure Tenancy and the rights of that Secure Tenancy.

 

The Sister is a Lodger only and does not have the same protection afforded to the brother with a secure tenancy in fact the sister has very little protection being a Lodger.

 

What you need to be careful of is the sister that is a Lodger there agreement is with the brother not the HA and if the brother leaves as she is a lodger not a tenant the lodger will have to move out. Did the brother have to sign/agree to anything from HA when getting permission for a Lodger?

 

What was reason did the HA give for the refusal to add sister to tenancy please?

[jaisunny]

The problem they will have is the Brother is a Tenant I assume with a Secure Tenancy and the rights of that Secure Tenancy.

 

The Sister is a Lodger only and does not have the same protection afforded to the brother with a secure tenancy in fact the sister has very little protection being a Lodger.

 

What you need to be careful of is the sister that is a Lodger there agreement is with the brother not the HA and if the brother leaves as she is a lodger not a tenant the lodger will have to move out. Did the brother have to sign/agree to anything from HA when getting permission for a Lodger?

 

What was reason did the HA give for the refusal to add sister to tenancy please?

 

Well when my brother asked my sister to come in as a lodger it was via email and they said they cannot add my sister to the tenancy 'at this stage' but was happy to allow my sister to move in as long as it doesnt become overcrowded. Which it wasnt.

 

Recently when my brother asked for my sister to be on the tenancy via email to the same person at the HA they replied very bluntly and said 'your sister cannot be added to the tenancy'.

 

The latest development is my sister has spoken to the HA via telephone and told them that our brother may be moving out and she needs the tenancy if possible to be passed to her. They said on the phone that it was ok after a bit of huffing and puffing. However they want my brother to send a written letter to say that he will be moving out and the tenancy will be passed to our sister. I find it a bit odd and i worry that the HA could be tricking my brother and sister into giving up the home completely. They are very cunning i know this as i had a problem 16 years ago when my grandmother died who i had lived with all my life and they wouldnt pass the HA home onto myself and tried everything in the book to wiggle their way out of it.

[stu007]

If they are asking the brother to confirm ending tenancy I would also be cautious of this as well.

 

What I would advise is asking the brother to contact the HA to arrange a meeting with a Senior Housing Officer not a normal housing officer with sister present to discuss as you have pointed out them agreeing to transfer the tenancy to sister. they really need to have a face to face meeting with a Senior Housing Officer and at the end of the meeting request that whatever is discussed is followed up in writing confirming what was discussed and agreed to by the HA. (During the meeting ensure either brother or sister take notes)

 

I would also advise that anything they send in email they also put in writing ensuring to get proof of posting and keep evidence of everything.