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Council tenancy conditions

12 replies

sunights · 05/08/2024 20:53

Does anyone know if household who have had a secure council tenancy since the late 1970s, but downsized to a smaller property in 2018, will be subject to more recent tenancy conditions?

This question is specifically relating to the 2011 localism act changes to tenancy sucession.

They signed a new tenancy when they moved- but does anyone know if the original family sucession rights would still be valid?

OP posts:
FunLurker · 05/08/2024 21:00

I believe the council can change their terms any time. Also think being able to pass on tenancy is thing of past, but that could just be round here.

Mintypig · 05/08/2024 21:02

Can you get a copy of the tenancy and look it over? It would be an updated one , they update them all the time so it would supersede the old one.

DoreenonTill8 · 05/08/2024 21:22

Do you mean if a family lived in one house, dc all moved out as adults, parents downsized, would the adult dc b3 eligible to succession of parents house?

Grateeggspectations · 05/08/2024 21:29

It will be in the tenancy agreement when they moved property. Devil is in the detail with tenancies

sunights · 05/08/2024 21:45

Thanks for the advice to get a copy of the tenancy to check!

I think this makes the most sense and will get on with it.

@DoreenonTill8 parents downsized with one adult DC moving with them at the time as the other had already moved out.
One parent now has a health condition which would be helped by live in care- DC who previously moved out is available to move back in to do this, and would like to fully understand their future housing options as part of their decision making- as moving back to provide care will limit their ability to develop in their career and afford future housing.

OP posts:
FartingAgainstThunder · 05/08/2024 21:50

In many local authorities you can add someone to the tenancy.
There are hoops to jump through and it usually takes around 12 months.
Friend of mine added her adult son to her tenancy so that he could live in that house after she dies.

sunights · 05/08/2024 22:09

Thanks@FartingAgainstThunder that would be amazing if it's sti allowed.

As I am asking for a friend, I've suggested he speaks to the housing dept before making a decision- I just hope the housing team are actually helpful!

OP posts:
Nextdoor55 · 05/08/2024 22:34

It would I think depend on whether the owner of the houses are the same housing association, It would seem strange for them to start an entirely new tenancy if they were just moving to another of their houses. If it's a new HA might have to start with a new tenancy. Would it be worth checking with the HA?

TheGriffle · 05/08/2024 22:46

If he did keep the rights to succeed, if he’s a single adult and the property is a house he more than likely won’t be able to stay there. You can be eligible to succeed the tenancy but not the property, if it’s more than he needs or adapted etc he would have to be rehoused elsewhere.

Nat6999 · 05/08/2024 22:46

They need to ask the council to put them back on the rent book, that way they can't be made homeless when the parent passes.

AlwaysGinPlease · 06/08/2024 07:06

FartingAgainstThunder · 05/08/2024 21:50

In many local authorities you can add someone to the tenancy.
There are hoops to jump through and it usually takes around 12 months.
Friend of mine added her adult son to her tenancy so that he could live in that house after she dies.

Which I think is wrong. Why should he "inherit" a house that way.

FartingAgainstThunder · 06/08/2024 20:33

AlwaysGinPlease · 06/08/2024 07:06

Which I think is wrong. Why should he "inherit" a house that way.

Well,as a just divorced single man on minimum wage he can't possibly afford to rent on his own so he moved in with his mum who has legally added him to the tenancy because he pays half the rent and it's his home.
I don't really see what's wrong with that, he'd be homeless otherwise surely.

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