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Is this breaking a council house tenancy agreement?

(2 Posts)
Ieathatsforbreakfast Mon 04-Feb-13 10:12:25

My friend lives in a council house with her grown up daughter and she's worried because someone has told her she is breaking her tenancy agreement. The reason they've given her is that because she stays over at her new partners house a few times a week (sometimes up to five nights) its breaking the tenancy. She can't find any mention of this in the tenancy agreement though. She doesn't receive housing benefit either.

Could it just be that this person is stirring a little or may have got it confused with housing benefit or is my friend actually breaking her agreement and at risk of losing the house?

Thanks smile

gotthearse Mon 04-Feb-13 22:26:02

There will be a clause stating that the property should be her 'only or principle home'. The 'principle' part is often subject to a bit of interpretation. There are several no brainers such as if she takes herself off of the council tax bill, or if her daughter claims benefits and does not include her as part of the household - ie you cant have it both ways. If she is going to stay more and more with her partner she should think through what she wants for the future. Is her daughter planning to move out at any point? Most housing officers will take a fair approach as long as no one is taking the piss and leaving a place unoccupied a lot when there are thousands on the list, leaving kids to party all the time or sub letting the place out. She might want to consider making her dtr a joint tenant, family members can be, but there are implications such as joint and several liability for rent debts and it impacts on future sucession rights as well. If she is not planning to move in with her dp then she'll be fine. If she can put herself in the shoes of her housing officer dealing with overcrowded and homless households and think her occupation is still reasonable and fair, then it probably is.

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