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Legal matters

Transfering from assured tenancy to fixed term?

63 replies

Flowerywoman · 01/10/2019 03:48

I really need some.help, I am downsizing.from a 2 bed to a 1 bed because I am now a single.female.living alone who does not need a two bed.property I pay rent and I. Am quite happy here but moving for a change and to give a family a 2 bed, I do however want.to choose the right tenancy with the next housing association +I tried.homeswapper, useless) my rent is £580 per month, the.propety I like and have a viewing for is.a lot more but in a much nicer area.ams a new build however it's a fixed term m five year tenancy, should I not do this and apply for homes that advertise assures tenancies like the one I have had for 10 years ? (There are many offering those tenancies) ti have severe anxiety and do not want to make.the wrong decision
Thank you

Sorry.for my.mistakes my phone is faulty

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HennyPennyHorror · 01/10/2019 07:36

Sorry for my poor advice! I think you should tell the housing officer that you've worked out that your current type of tenancy is safer...and you don't want any property which isn't the same type. Don't overthink it. If she argues or says they're the same, just be polite but firm. "No thank you...I appreciate all you're doing to help me but I;d rather stick with my current type of tenancy"

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HennyPennyHorror · 01/10/2019 07:37

Another source of advice could be SHELTER. They are often busy but if you persevere, you should get through eventually.

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tattychicken · 01/10/2019 07:39

But you have the right to transfer as an assured tenant? So you should take your tenancy with you? Brand new tenants, eg not currently in social housing, will be offered the fixed term but you should just be transferring your tenancy from one property to the other.

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stucknoue · 01/10/2019 07:44

Housing associations are switching to 5 year tenancies so that they can reassess people for their needs partly just as you have for yourself. There's a little more security for the 5 years but no guarantee of renewal. Personally I would stick to a traditional social housing contract if you can.

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sluj · 01/10/2019 07:52

I would talk to the HA with the new builds. Many HAs will give you an assured tenancy if that's what you already have and many HAs have plans to get rid of fixed term tenancies altogether. Some of the biggest have already done that. It's worth checking first

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tattychicken · 01/10/2019 07:56

They are for new tenants, but the OP is an existing assured tenant, and should be taking her tenancy with her to the new property. Fixed term tenancies can have different succession/assignment rights too.

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Flowerywoman · 01/10/2019 10:43

Thank you everyone for your recent replies, I just spoke to the council and they said it would be considered a refusal but I can write in to appeal why it should be overturned, but I asked her (thanks to your replies) why I couldn't have my tenancy type transferred which is what I assumed, she said to call the new housing association and see if I can negotiate a similar/same tenancy, if not it'll just be considered a second refusal (you can get up to 3 refusals before being demoted to the lowest priority band, at the moment I am the highest) but I can still appeal it.
I am waiting for the lady to give me a call back, I don't want to waste anyone's time at the viewing tomorrow so I will make sure that I find out today. Thanks everyone for your replies it's been stressful and made my anxiety go through the roof and had a panic attack thinking about it all but you've all made the biggest difference

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Flowerywoman · 01/10/2019 10:45

Thank you I may call shelter now

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Flowerywoman · 01/10/2019 10:48

Excellent thank you

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HennyPennyHorror · 01/10/2019 11:07

Keep us updated Flowerywoman I hope you get what you need.

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BigChocFrenzy · 01/10/2019 16:35

Do prioritise your own needs.
You are vulnerable and you need stability.

You should not move at all if you are happy where you are

  • is the only reason for moving that you feel that a family needs the 2-bed more than you do, or would you personally like another area ?
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Flowerywoman · 01/10/2019 17:51

I was offered an assured tenancy, I am very happy about this, thanks to everyone's help I was able to ask for this. Thank you.
I am happy here, I just do not use the spare bedroom, it is used for storage, it's not fair that I keep this place when a family needs it, I would be quite happy in a one bedroom property in a different but very close by location, I wouldn't move if I dreaded leaving my home of 11 years .

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Flowerywoman · 01/10/2019 17:52

The woman who initially told me that the fixed term tenancy was better, seemed very shocked when I told her that after speaking with the association's lettings manager I was able to be offered an assured tenancy, she said it was interesting but she was happy for me

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tattychicken · 01/10/2019 18:04

Good news Flowery, glad you got it sorted. Smile

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Firefliess · 01/10/2019 21:45

That's great to hear. Glad you asked. Hope you like it. Take your time to make the decision that's right for you.

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Flowerywoman · 01/10/2019 22:44

Thank you! I will post am update tomorrow, I hope I like it. I've never moved alone before, has anyone ever moved to a new property alone? What was it like? I'm pretty independent but not had that experience before.

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EveryFlightBeginsWithAFall · 01/10/2019 23:30

That's good news! I wouldn't leave an assured tenancy for a fixed term. Even though it's likely they would just extend the tenancy

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HennyPennyHorror · 02/10/2019 00:18

Oh well done! Great news! I hope you like it too....I've moved alone and it's fine. I always think moving house is like going on holiday a little bit. You have everything new...unfamiliar...you've got to get used to what shops are where...and new sounds and people. It's great.

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Firefliess · 02/10/2019 18:07

I've only moved between rooms in shared houses on my own. But I did move to a new house as a single parent, and tbh, 4 and 7 year olds are more of a handicap than a help! I was very organized about it and did as much as I could beforehand in terms of giving out my new address to everyone and sorting out utilities, etc. I made lots of to do lists

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Flowerywoman · 18/10/2019 22:19

Update guys, all was going so well but today found out I cannot have a pet, yes when I applied it said no pets, but the person I spoke to at the council said you can usually ask for permission and that was the case for all the new builds so I did apply, at the pre tenancy sign up the woman said oh an indoor cat should be fine as long as doesn't cause damage, then I got a call today from someone who said the manager approved your application for the tenancy but not if you have a pet, it's a blanket ban on pets which is unreasonable I've been an assured tenant for 14 years with my cat he helps my mental health needs, this seems so unfair, all new builds now say no pets and I'm not downsizing to an old run down building just to. Keep my cat when the home I live in now is very nice, looked after and a new build type, I am only downsizing so a family can have my home but I'm being prevented to. I know I will have to just stay where I am because of my cat, would they really take me to court if they found out I had a pet and try to evict me just because I had an indoor cat? This seems so unreasonable especially since it's a blanket ban without permission, also pets cannot even visit the property. Help! :(

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Cannotresist · 19/10/2019 10:33

I would t move on this basis flowery. It’s clear it’s causing you distress you don’t need if you have fragile MH. Don’t worry about List priorities your sitting on a 2 bed in TH so the cards are on your hand.

What I would do is advertise for a swap ( in a very specific way ie type of building you want pets st . Then it means you will prob be able to swap with a local family and will feel good about the decision. You would also get a relinquishing bonus.

Don’t give up an assured tenancy I am not sure if the person who advised you to do that didn’t read your post or didn’t know what assured meant.

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sluj · 19/10/2019 12:13

It's much too risky to move in and attempt to keep your cat so you would have to choose, I'm afraid. Pets are known to be good for your mental health but everyone could say that and the block would be over run with animals in no time.
Your best bet would definitely be a mutual exchange now.

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sluj · 19/10/2019 12:16

Just a thought, have you asked your current HA if they have an internal transfer list? Many do.
If they are happy with your cat in a flat, it might be worth trying. Assuming they know you have a cat?

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Flowerywoman · 19/10/2019 14:14

Tried mutual exchange for years waste of time no good deleted the account before went back on the housing register, I will have to stay where I am which I am fine with I love my home, just a shame they have made it difficult for a single woman to downsize from her two bed so a family can have it.

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Flowerywoman · 19/10/2019 14:15

Can you explain what an internal transfer list is? I haven't heard of that I will ask them thank you, the new association said it's the rules of the people who built the property and the ha just agreed to them, is there a way I can contact them? If not I will just give up and stay here, thanks guys x

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