Can i stay in my house

Rosieblue12 · 2023-06-22T06:50:24+00:00

I live in a very small housing association house with my son, it has one double bedroom and a small box room. we don't have a dining area and have to eat meals on the sofa that is how small it is, but its my home and has a garden, Im just thinking about the future when my son leaves home, will i be made to leave this house and live in a one bed flat? even if i tell them i will pay the bedroom tax? My mental health is not great and i know not having a garden will not be good for me, i also have a dog.

Sweetladyjane · 22/06/2023 07:51

You’ll be able to stay as long as you pay the bedroom tax.

Sluj · 22/06/2023 07:59

What kind of tenancy do you have? Fixed term tenancies ( getting less common now) do allow for the HA to review occupancy at the end of the tenancy but it would still have been quite unusual for them to require you to leave for under occupation. If its an assured tenancy with no time scale, you are fine but will have to pay the bedroom tax.
A starter tenancy or shorthold tenancy is more problematic.

Original poster

Rosieblue12 · 22/06/2023 08:04

Sluj · 22/06/2023 07:59

What kind of tenancy do you have? Fixed term tenancies ( getting less common now) do allow for the HA to review occupancy at the end of the tenancy but it would still have been quite unusual for them to require you to leave for under occupation. If its an assured tenancy with no time scale, you are fine but will have to pay the bedroom tax.
A starter tenancy or shorthold tenancy is more problematic.

its an assured lifetime tenancy

OP posts:

coffeecupsandwaxmelts · 22/06/2023 08:09

You can stay but you'll need to pay the bedroom tax.

Sluj · 22/06/2023 08:13

You are absolutely fine then. Don't give it a second thought, you can stay until you wish to go .
My advice would be not to ever consider making your son a joint tenant with you though, as this would make your situation precarious when he inevitably decides to get his own accommodation. The decision to give you a sole tenancy would then be at the HAs discretion and they may say the property is too big at that point.
Just stay as you are and enjoy the security.

Original poster

Rosieblue12 · 22/06/2023 08:18

Sluj · 22/06/2023 08:13

You are absolutely fine then. Don't give it a second thought, you can stay until you wish to go .
My advice would be not to ever consider making your son a joint tenant with you though, as this would make your situation precarious when he inevitably decides to get his own accommodation. The decision to give you a sole tenancy would then be at the HAs discretion and they may say the property is too big at that point.
Just stay as you are and enjoy the security.

That is good to know thank you :)

OP posts:

ButterflyCharm · 22/06/2023 08:23

It’s actually an under occupation penalty so it’s fine as long as you pay. it may help you to find out what sort of amount it is as a percentage of your rent.

The other factor is as long as your DS and you get along he may stay at home longer than you would anticipate. Do you know what he wants to do when he leaves school.

Ollybob · 22/06/2023 08:26

You'll be fine to stay, I'm in a HA flat with the same lifetime tenancy.
I would certainly put your son down as a named tenant when he reaches 18 though so that he won't be asked to leave if anything happens to you in the future, unlikely but takes just a phone call to sort.
Fyi it's not a bedroom tax especially if you pay full rent, it just means that if you get housing benefit you'll only get the rent value for a 1 bed paid to you not a 2 bed as it's not needed when just you.

Sluj · 22/06/2023 12:09

Absolutely think twice before making your son a joint tenant. This will stop him from getting his own tenancy and when he wants to leave home, the HA will be well within their rights to look at your application to have a sole tenancy again and say it is too big for one person so refuse it. It is at their discretion whether or not they allow you to take the tenancy of a family home when you are effectively a single person at that point.
If anything happens to you, your son can apply for succession if he is still living there but they may also serve him with a notice as it is too big for him. Again it's at their discretion. The best thing is to hang on to your sole assured tenancy. I work in social housing, and do these queries on a daily basis. I always make sure that tenants wishing to add children to the tenancy understand the potential problems. Maybe think about it if he gets to be 40 and is still living with you.

Original poster

Rosieblue12 · 22/06/2023 13:42

Sluj · 22/06/2023 12:09

Absolutely think twice before making your son a joint tenant. This will stop him from getting his own tenancy and when he wants to leave home, the HA will be well within their rights to look at your application to have a sole tenancy again and say it is too big for one person so refuse it. It is at their discretion whether or not they allow you to take the tenancy of a family home when you are effectively a single person at that point.
If anything happens to you, your son can apply for succession if he is still living there but they may also serve him with a notice as it is too big for him. Again it's at their discretion. The best thing is to hang on to your sole assured tenancy. I work in social housing, and do these queries on a daily basis. I always make sure that tenants wishing to add children to the tenancy understand the potential problems. Maybe think about it if he gets to be 40 and is still living with you.

Im not able to make him a joint Tennant anyway, i did ask about it a while ago , he is 19, i was told they don't do it for children of the tenant, maybe that is why.

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