Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Refused to be added to tenancy, should have been formality

17 replies

Player456 · 31/12/2021 12:51

I've lived with my husband for 12 years, since we married, along with our 11 year old.

He lives in a HA property (formerly council) and has lived here for 25 years. I lived in my own HA house (formerly council) before our marriage.

A while back our neighbourhood officer came to visit (routine). He mentioned to DH that I should be put on tenancy, but Covid hit soon after,, so we forgot.

Recently we had resident liaison officer come with some surveyors about work that needed to be done. She suggested that DH put me on the tenancy as it would be beneficial for works going forward and was a simple process.

She sent the form, then phoned me to check I'd sent it back. It was a simple formality she said, I would just need to attend to sign with someone

This was a couple of months ago.

Today we received a letter from the neighbourhood manager (same one who attended in past and said my name should be added to tenancy).

The letter states that they "cannot process it due to a policy review
for sole to joint tenancy, we not under any obligation to add other people to a tenancy".

Sounds straight forward? Well no, it's bullshit. There is no added guidance for this ''review' and having just looked on their website, it clearly states that if you marry or want to add someone to your tenancy you just fill in the form and they are assigned to the tenancy.

I understand that no one reading this will understand why I'm so upset (I do have bipolar and following two deaths in my family in the last year, my MH is already at breaking point).

I feel I've been lied to. The liaison officer said it was just a formality. The man who refused us himself said it was easy, just fill in a form.

I know 'theoretically' it changes nothing, except that if DH dies, DD and me will be immediately homeless - which burns as I gave up my own HA house when we married, I should have kept it and lived apart!

I have the CEO's email, I used it before when we had some problems regarding works.

There is no explanation at all, nowhere does it mention policy review on their website, in fact they highlight how easy it is to add someone...so I feel so rejected, useless, unwanted.

We cannot contact them - they are closed till 5th January and the letter is dated 3rd December, so was deliberately held back from posting so we would receive it when they were closed.

I did put this in Chat, but guessing that this is the correct forum,

OP posts:
NeverDropYourMoonCup · 31/12/2021 12:57

Don't panic.

Chances are that being married means you automatically inherit the tenancy if he should die.

tattychicken · 31/12/2021 13:02

I would challenge the decision not to allow the joint tenancy. And also, you may be entitled to "succeed" to the tenancy upon your husband's death, though this is not guaranteed, it depends on several factors.

CorrBlimeyGG · 31/12/2021 13:06

Was your husband previously added to the tenancy/ on the tenancy with somebody else?

I doubt they deliberately delayed posting the letter, post is all over the place at the moment. Keep calm, send an email asking if they could send you the policy they are referring to. Put it out of your mind until they respond in a week or so.

Player456 · 31/12/2021 13:34

@CorrBlimeyGG He was with his ex-wife when it was council, he was made sole tenant when they converted to HA as she had left him by then. Does this mean that if he were to pass (god forbid but my little Dbro died suddenly last year so nothing is forever), DD and I would be homeless?

We probably should have moved into my house as I was always sole tenant when I brought up DS. It's galling to think I gave my house and secure tenancy, due to marriage, but am now in a precarious position despite living here for nearly 13 years.

OP posts:
tattychicken · 31/12/2021 13:39

A tenancy can only be succeeded once, so if he was joint with his ex and it then went to his sole name, that will count as a succession, so no further succession can take place.

CorrBlimeyGG · 31/12/2021 13:42

You need to ask them. HAs are not in the habit of turning people out on the streets, please get that out of your mind until you can speak to them.

CloseYourEyesAndSee · 31/12/2021 13:42

Don't panic
It's actually more usual now for social housing landlords not to make joint tenancies as they are much more complicated when couples separate.

I know 'theoretically' it changes nothing, except that if DH dies, DD and me will be immediately homeless - which burns as I gave up my own HA house when we married, I should have kept it and lived apart!

This isn't correct. You may not be able to inherit the tenancy but you will be entitled to housing.

Bluntness100 · 31/12/2021 13:52

You would be rehoused again op.

A friends mother lived with her adult son, he was not on the tenancy, she was sole tenant, she passed, he is still in the house a few months later and will ultimately be rehoused in a one bed, they don’t just evict and Chuck you onto the street.

Player456 · 31/12/2021 14:02

@Bluntness100

You would be rehoused again op.

A friends mother lived with her adult son, he was not on the tenancy, she was sole tenant, she passed, he is still in the house a few months later and will ultimately be rehoused in a one bed, they don’t just evict and Chuck you onto the street.

Thank you @Bluntness100, I know I'm being silly, it's just that it has always been home to DD, so unfair to (possibly) have to move her, when we'd still require the same housing size that we already have.
OP posts:
Player456 · 31/12/2021 14:35

@tattychicken I thought the same as you, but no it doesn't. The rights to assign/succeed cannot be given to someone who is already on the tenancy. I've had a chat with Shelter who said this cannot be counted.

Refused to be added to tenancy, should have been formality
OP posts:
Nidan2Sandan · 31/12/2021 14:50

It'll be due to succession, were he to die you would succeed. But as it was already succeeded this is the issue preventing it.

As for losing your home, posters here have not advised correctly. Yes, you can be served with a Notice to Quit as you had no right to succeed. The HA may try to rehouse you, but they dont have to.

I have served an NTQ on someone in similar circumstances, tenancy should have ended on 19th dec but they didn't leave so now we are moving to evict them. This was also due to no right to succession.

As you have a child they will try to house you, but dont have to.

Nidan2Sandan · 31/12/2021 14:52

Do you have rent arrears? This would also prevent it being changed to a joint tenancy. Any ASB issues? Again, this would prevent it.

Player456 · 31/12/2021 15:15

@Nidan2Sandan no look at my screenshot, changing from joint to sole doesn't count as succession, as he was already in the tenancy, legally it doesn't count as succession, according to Shelter and the bumph they sent me .

OP posts:
Player456 · 31/12/2021 15:19

The succession issue, he was already a secure tenant, his ex-wife could not 'assign' it to him, so it wasn't succeeded as he was already a secure tenant.

OP posts:
Player456 · 31/12/2021 15:25

Also if it was due to his ex, then they could/would have mentioned it intheir reasoning surely? Their only reason is due to a policy change regarding sole to joint tenants and they were under no obligation.
Additionally, whdn his wife left 20 years ago, he didn't sign anything they just tiok her name off and said he was solely responsible, no new assignment of tenancy, ghe letter said is tenancy remains unchanged, but he is solely responsible for rent.

OP posts:
StrifeOfBath · 31/12/2021 16:03

Don’t panic, OP, and no need (yet!) to start wishing you hadn’t got married.

Who knows, they may be mid review and are suspending applications while the review is pending, and then do the obvious and put your name on the tenancy.

The likelihood is that since 2 separate officers said it would be a good idea, it should be straightforward.

Wait til you can speak to them, and if there is still a problem you can ask Shelter for info on your rights and advice on how to proceed.

You will also have recourse to your local councillor and your MP.

Good luck!

New posts on this thread. Refresh page
Swipe left for the next trending thread