HA want me to sign new tenancy agreement, I have assured tenancy, can they change it ??

[nutcracker]

Basically, I have had xp's name taken off the agreement we both signed when we moved in 3 years ago. The agreement was an assured tenancy agreement.

He is moving into a flat owned by the same HA and they couldn't formally offer it to him until his name was off the agreement for this house.

They have now rung him telling him that I need to sign a new agrement now in my name only and i have to do it next week.

So what I want to know is, will it still be an assured tenancy agreement ? I have heard that this is the best type to have as it gives me more rights, is that true ???

If it isn't an ssured one what shall I do ?

HI, it will be an assured tenancy - HA's can only give this type of tenancy.

I thought there was another one they could offer, s shorthold assured or something ??

I can't believe they rang him to tell me i need to sign a new agreement, bloody useless.

i would have thought it will def be a assured tenanncy all HA offer these

shorthold is for private renting so if they decide to sell house or whatever

just make sure you read it prop
but i believe it will be fine

Oh good thats ok then.

I don't trust them, can you tell LOL.

Assured Shortholds are tenancies given by private landlords not HA's.

Thanks am just worried that because I am now technically underoccupying they might try and get me out somehow.

When you say you are underoccupying what do you mean - I'm presuming that you have kids and that you and ex-p were sharing a bedroom in the property?

there are loads of people underoccuping i see them every day in my line of work the kids are grown up and left home, so i see one person in 3 bed house( which i would love as my house is timy for me and 2 girls) think they can offer you something else but cant make you move

can you easily get to a Citizens Advice Bureau office? They are experts in this type of thing and will be able to either reassure you or take it up on your behalf with the HA.

Actually HAs can and do give assured shortholds. It depends on the policy of the HA, some won't do it and others do all the time.

but they can't give YOU a shorthold assured tenancy because you have been a (joint) assured tenant up to now, and you can't be downgraded by a new tenancy from the same landlord.

'Shorthold' means that it is a kind of assured tenancy where the landlord can end it just by sending the right pieces of paper to the tenant, ie no fault needed on the part of the tenant.

you shouldn't be being asked to sign a new tenancy agreement to change a joint tenancy to a sole tenancy it has to be assigned - operates in the same way as an exchange

you and your ex should have both assigned the tenancy solely to you - which mean you keep your original tenancy date and all your rights - no changes to your rent etc

there should be two documents completed a licence to assign and an assignment of tenancy

your ex is then given a new one for the new property - nothing to do with the original agreement

speak to your housing officer and ask why they want you to sign a new agreement as it should be assigned, if they don't agree to do it by way of assignment they don't know what they're talking about and you need a rep from CAB or elsewhere who does to represent you

HTH

Oh god I knew it would get complicated.

When I say we are underoccupying, technically we always were, even when the house was given to us. Originally there was me, xp, 2 dd's and ds and we were given a 4 bed.

Now obviously there is only me, 2 dd's and ds, so we all have a room each.

My mum actually asked me today if i'd consider a 3 bed if they offered me one, but I wouldn't tbh, not unless it was in a dream location or something.

I will ring the HA on Monday and see if I can speak to some about me signing new agreement.

you're not under occupying same sex children can only share a room until they are 10, and opposite sex children can only share until they are 7.

have looked at your profile, so

Bed 1 = you
Bed 2 = DS
Bed 3 = DD 1 aged 10
Bed 4 = DD 2 aged 8

notice that you're in Birmingham, some of the best HA's there.

sounds like whoever has said you need to sign a new agreement is a little inexperienced tbh

when you speak to them on Monday, just say you don't need to sign a new agreement, you need to have it assigned from a joint to sole

name the documents above and suggest they go and speak to their manager if they still maintain you need a new agreement

HI Nutcracker

how did you get on ?

Hi, you were right, I didn't have to sign a totally new agreement, xp had to sign the original agreement over to me

Thanks for the help.