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Original poster

Anyone shit hot on tenancy law?

16 replies

colditz · 24/03/2011 21:14

I have a question from a friend.

If a couple split up, and one parent(1) moved out, but both remain on the tenancy of a housing association house, then if the remaining parent(2) (with residency) moves into a single residency council house, does the parent(1) have the right to move back into the housing association house in which they are still a regiostered tenant?

OP posts:
Original poster
colditz · 24/03/2011 21:14

SORRY single TENACY council house.

OP posts:
darleneconnor · 24/03/2011 21:24

In theory or in practice? It depends whether they tell the ha etc etc

The parent no 2 is unlikely to get a ch if they are living in a ha house. Also if either is claiming hb it complicates things.

Original poster
colditz · 24/03/2011 21:29

Parent2 is being rehoused for overcrowding

OP posts:
Original poster
colditz · 24/03/2011 21:31

he informs me he still gets the letters with their name on together so the HA still think they both live there as P1 wouldn't take their name of the tenancy when they left.

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darleneconnor · 24/03/2011 21:41

If the ha thinks parent 1 is residing there and their name is on the tenancy then yes they can move back in. Sounds fishy, though. Why hasnt the ha been told they have left.?

Original poster
colditz · 24/03/2011 21:46

They have, but until parent 1 goes and signs the thingie saying "I have left the property" they won't take her off the tenancy and she has so far refused to sign it.

it's one of my neighbours by the way.

He's stressing that as soon as he moves out his ex will break in and move in, and get the locks changed

quite why he cares is beyond me, I talked to him about this earlier, he's asingle dad whose kids just became 'of age' for them to need separate rooms and our council has built so many new houses it's halved the waiting list.

I give up on the secrecy he doesn't read know I use Mn anyway! But I said I'd look into it as I have internet.

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iheartdusty · 24/03/2011 21:51

they are both entitled to live there whilst they are on the tenancy, and can each come and go ( so far as the HA is concerned).

but if the res parent gets rehoused, the tenancy immediately loses protection under the law (because it would not then be the principal dwelling house of either of them) and cannot regain it, so the HA could evict the first parent even if s/he moved back in later and would not have to prove rent arrears or anything.

I would be amazed if the res parent actually gets offered the council house without having to give up the HA tenancy, though, in which case it ends and neither of them can live there.

darleneconnor · 24/03/2011 21:53

Ok he could ask the ha what the eviction proceedings are for a joint tenant who is non-resident. They wont want her to move back in when they could use it for someone on their waiting list.

iheartdusty · 24/03/2011 21:54

sorry, cross posted.

Presumably the thingie he is being asked to sign is a Notice to end the tenancy.

If so, then even if his ex does break back in, it would be a house that had gone back to the HA - not his problem. Just as if the ex broke into an empty house down the street.

why doesn't he ask the HA?? They will advise him about this.

Original poster
colditz · 24/03/2011 21:54

Ahhh so if HE gives up the tenancy, SHE also loses right of abode whether she wants to or not.

Thank you for clarity. I shall tell him when I see him.

Basically he spent a fair bit of money tarting the house up nicely and as she just fucked off and left him with two children to raise and no maintenance paid, he doesn't want her and her new squeeze benefitting from the work he put into the house.Hmm

OP posts:
Original poster
colditz · 24/03/2011 21:56

he should really, shouldn't he? he's a bit ....

Well the people round here are good people, and mostly hard workers and honest, but they're scared of 'officialdom'. Maybe that's why he hasn't asked.

OP posts:
darleneconnor · 24/03/2011 22:00

One tenant cant end a joint tenancy, though. Either she has to also end it or the ha has to follow the proceedures for ending it based on abandonment.

iheartdusty · 24/03/2011 22:04

No darleneconnor, that is incorrect.

One of two joint tenants CAN end the tenancy, by giving the landlord (in this case the HA) a notice to quit.

iheartdusty · 24/03/2011 22:06

if you need more information see here

darleneconnor · 25/03/2011 09:09

Iheart- it isnt incorrect as such, but under these circs it is unlikely to be that simple. If parent 1 intends to move back in she can fight for it. Parent 2 ending the tenancy will not automatically end her rights. There are safeguards in place to protect joint tenants upon relationship breakdown. Imagine the chaos if, when couples fall out, if one could ebd the joint tenancy, without the others consent, making them homeless!

However, in this case parent 1 may have a weaker case as she is non-,resident, but it will depend on all the circs/;evidencen

iheartdusty · 28/03/2011 21:01

what safeguards are you talking about?

it was confirmed as long ago as 1992 that one joint tenant can end the tenancy without consulting the other one.

what can the ex 'fight for'? there will be no tenancy to fight over, and no 'rights' over that property once the tenancy is ended.

"imagine the chaos" : well, it happens all too frequently, to much distress but little chaos.

see this link for example, there are plenty of others if you google.

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