Council tenancy transfer

[AnyLondoner]

We live in a 2 bed council house, ex is moving out but it's his name on the tenancy. Can he transfer the tenancy in my name?

Oh ok, you're from London?

I'll have to call them tomorrow and ask, thanks

Where I am, they won’t do it. London.
They’ll also only add someone to the tenancy if you’re married- tried to add my ex, thank god they wouldn’t let me without marriage certificate

I work for a LA in the north and we could do this but there are criteria to be met, so first if all you must have been joint tenants. Then it’s an easy switch, just his signature needed.

If you aren’t joint tenants then you must have been listed on the household for 12 months plus. If you are listed on the household you will be granted “use and occupation” while checks are done to see if you are able to manage the tenancy. If you pass the checks it’s yours. If you don’t you have to move out.

If you’re not listed on the household then you have to move out when he does.

All councils and Local Authorities have differing criteria though.

mine doesnt do it unless the person is dying and passing on their tenancy. london borough.

They normally ask for proof from you that you live there, bills, bank statements etc. There may be a clause in the tenancy agreement which states how long someone has to live there to be added to the tenancy.

Trust me if you can afford the rent yourself, the housing officer will be happy not to have an empty property to deal with.

But it's not gonna be empty is it? It's a London council house, there's a loooong waiting list.

Hmm, do you have DC? If not, be careful as they would see a single person as over occupying a 2 bed. If he’s telling them he doesn’t need the property anymore you may find yourself homeless.

I would imagine HE will have to call them, not you, as the tenancy is solely in his name, they won't discuss with you anyway.

Yes I have 3 DCs Storm

It’s likely they will do so as it’s your children’s home but your ex will need to sort it if he’s a sole tenant. If you’re a joint tenant it’s only a minor change.

If you're not on the tenancy you'll not be able to swap or stay without him.
At best, you may be able to be added as joint tenant if they believe you are still a couple.

Ok, if you have DC's then they can't make them homeless so I think you probably have a good chance. I would speak to the council then.

Thats not true they can make children homeless otherwise parents would not pay rent.....

If they are evicting all they need to do is contact SS.

Yes but I would assume the rent is being paid and there's been no ASB. It would be very hard to evict in that case, even if OP isn't on the tenancy.

You have the legal right to ASSIGN a tenancy to certain categories of people if you are a secure COUNCIL TENANT. One of the categories is a cohabitee. However, you have to be a cohabitee living with the tenant (not an ex cohabitee) This is irrespective of “council policy”. It’s a legal right under statute. england.shelter.org.uk/housing_advice/council_housing_association/assigning_a_tenancy

Thanks nellie, that was helpful!