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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want to transfer council tenancy to my sister?

27 replies

Nutter50028 · 02/03/2020 20:24

Shes 35, She’s lived with me for 2 years, she’s diabetic and suffers from anxiety. Me and DH live in a joint tenancy 1 bedroom council flat but we want to private rent out to another area and she wants to remain in same area, she is just an occupant and not on tenancy. If we leave she goes homeless.

Do you know if transferring her the tenancy is possible? Called local council they said no, due to the fact they no longer transfer tenancies Only on “special Circumstances” . Is there anyway I could challenge their decision? Am I being unreasonable for wanting to do so? She’s 35 has lived in this address and Borough for 2 years. They want us to return the flat and her go claim homelessness and apply for housing...🤷🏾‍♀️

OP posts:
Mayhapitis · 02/03/2020 20:26

I very much doubt they'd allow it. Wouldn't she need to go on the list like anyone else wanting to apply for council housing?

It's a shame for her to have to start from scratch, but she's a single woman, and there are likely families with children waiting for a property that have been on the list for some time.

Does she work?

FortunesFave · 02/03/2020 20:27

It's not. My sister tried to transfer her property to me but they said only partners.

It's very hard but the truth is that they don't give a shit. If you want to private rent, (Which I think you'd be crazy to do) then either take her with you or do as the council say...she may end up in a bedsit in a dodgy house full of criminals at worst...especially as it sounds like you're in London.

Why do you want to private rent when you have secure council accomodation?

Private lets are insecure as hell. They can sell any time they want.

PixieDustt · 02/03/2020 20:28

No you can't transfer a tenancy.
I don't think the fact she has anxiety and diabetes will be a special circumstance either. Can she not join the list now?
Depending on where you live there might not be much of a wait.

ElderAve · 02/03/2020 20:30

No, a colleague had just been forced to move out of the council house he's lived in all his life because his mother died, I doubt being resident 2 years is going to be exceptional circumstances.

RocketFire · 02/03/2020 20:31

does she work?

Boomboomboomboom · 02/03/2020 20:31

You can only assign secure/flexible tenancies in limited circumstances.

As you have a joint tenancy there is no way you can assign to your sister.

The rules for assignment are strict and one is whether the person you want to assign to would be permitted to succeed to the tenancy if you died, and here that's a no as that would automatically be the other joint tenant. Additionally if your tenancy started after 1st April 2012 a sister cannot be a successor.

If you want to give up your tenancy which has excellent security unfortunately she will have to apply through the council in the normal way. She cannot jump the queue even though she has lived with you for two years.

IHaveBrilloHair · 02/03/2020 20:31

A friend of mine did transfer to her daughter 3 years ago, but I'm in Scotland so it may be different.

Elephantonascooter · 02/03/2020 20:32

So you, your 35 year old sister and you dh all live in a 1 bed council flat?

Tunnocks34 · 02/03/2020 20:34

My MIL transferred her tenancy to my SIL - this was 5 years ago though and obviously a different relationship

FortunesFave · 02/03/2020 20:34

Elephant and?? This is not at all unusual in today's UK. It's hard to get housing that's affordable!

FortunesFave · 02/03/2020 20:35

I'd be interested in Why you're giving up a secure tenancy OP. Private lets can be an utter nightmare. No security at all.

ElderAve · 02/03/2020 20:42

OP has said she wants to move to another area

x2boys · 02/03/2020 20:43

What does your tenancy agreement say ,it was made very clear to.is when when signed the tenancy agreement as a joint tenancy that there could be only be only one succession ,ie if I died dh,would succeed as a single tenant and vice versa

FortunesFave · 02/03/2020 20:45

Elder yes...what I'm saying is that it should be a very, very good reason to want to move to another area...such as a very well paying job which would enable them to buy their own property.

Leaving a council tenancy for less than that would be madness.

Jaxhog · 02/03/2020 21:07

It may feel unfair, but you're effectively asking if she can jump ahead of other people in the queue. Others may be in greater need and have been waiting a long time.

I also have to wonder why you still need a council house if you can afford (and plan to) to rent elsewhere. Surely it should now go to someone who truly needs it.

BTW being diabetic doesn't make you an invalid (I'm diabetic). If you're so concerned, why can't she come with you?

UniversalAunt · 02/03/2020 21:08

If living elsewhere is required, then do an exchange.
Do not give up an assured tenancy for private rental.

Iggly · 02/03/2020 21:11

Council housing is such a scarce resource thanks to Thatcher.

There will be someone out there with a much greater need, no doubt. It belongs to the state and with much reduced resources, you cannot keep it or transfer it.

I work in a local authority and as sad as it is, there are other people with much greater needs.

OnlyFoolsnMothers · 02/03/2020 21:12

Sorry OP, council homes aren’t family assets to pass down, there’s a queue based on need, it’s best your sister declares herself as homeless or you keep your tenancy and use the time to try and help her get on her feet.

Pixxie7 · 02/03/2020 21:14

The flat doesn’t belong to you, there are thousands of people requiring accommodation so it is only fair that everyone has the same opportunities.

MintyMabel · 02/03/2020 21:38

I’d be worried if they let people do this. If you can invite anyone in for a couple of years then transfer a tenancy, what’s the point of having a system where you are assessed and prioritised on your needs.

MintyMabel · 02/03/2020 21:45

Council housing is such a scarce resource thanks to Thatcher.

Oh give it a rest. Thatcher hasn’t been in power for thirty years. Any government since then could have reversed her policies and built more council housing.

The reason there are so few is that local authorities discovered the land had a much better value selling it to developers and using weasel words like “affordable housing” in planning gains to make it seem like they were doing the right thing. Councils didn’t spend their right to buy windfalls on building more housing and no government since then has done anything to force them to do so.

Troels · 02/03/2020 22:01

Can you add her to the tenancy? At least then she's on their books as living there.

HappyHammy · 02/03/2020 22:07

If you can afford to privately rent then will you still get social housing, could your sister find somewhere herself.

Patch23042 · 02/03/2020 22:08

I hope she gets herself sorted with something OP.

AnchorDownDeepBreath · 02/03/2020 22:10

Can you add her to the tenancy? At least then she's on their books as living there.

It sounds like she’s down as an occupant, which is all she could be.

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