changing my son to the tenancy

[vbfc]

I'm a mum and 82 now and struggle with some basic things, and have my grandson and my son living with me. My grandson has learning difficulties, so my son has been his carer for over 20 years now. We live in a very small 3-bedroom house that's a housing association, and I have a secure tenancy. i want to put my son as the main tenancy holder so if anything happens to me, they both have a home.

I phoned the council and got confused with what I was saying, and they told me I can't put my son as the tenancie and that they would find my son and grandson somewhere to live. This is not what any of us wants.

Could someone enlighten me to whether or not what I'm asking is even possible, I've heard that it can be handed down 1 time, but this is not what the council are telling me. So I'm very confused now.

Hope someone can help me, thanks for listening

It sounds like you want to assign the social tenancy to your son. I have done the same with my son and it went through without any issues. However mine was a council tenancy not HA, and I had always been the only adult on the tenancy, so it had never been assigned before. If yours was previously a joint tenancy with your DH/DP then it might have already been assigned once and might not be allowed again. Your son must have lived with you for 12 months or more, and you might need evidence of that (eg son's bank statements sent to your address).

Do a Google search for "tenancy assignment [name of your council]" and they may have a form on their website which you can just fill in. Eg St Albans council have this form on their website:
www.stalbans.gov.uk/assignment-tenancy

I would also contact Shelter or Citizens Advice as they can offer unbiased advice. The council tend to be unreliable with their advice to the disadvantage of tenants, so never rely on what they tell you and always confirm what they say with an external advice agency.

https://england.shelter.org.uk/housing_advice/council_housing_association/assigning_a_tenancy

@Kellosie nails it I think. Shelter are excellent and cab will have a finger on local issues.

yes, I want to replace myself and put the house in my son's name as the tenant.
I should have said this before, and that is I've lived here for 12 years with my grandson and my son, I've been the only one on the tenancy, and they have been listed as living here. And it's never been handed down before. i think I will go to CAB as like you say they have a good idea on the local councils.

Thank you for your responses. I appreciate it.

You say housing association but spoke to the council?

Contact your Housing Association and ask to speak to your housing officer - they may be able to help.

When you mention you struggle with basic things, there may be a question over your ability to make this decision. Do you normally operate your own affairs, such as your bank account and paying bills, or do you need help? Does your DS have power of attorney?

It may be because it is a 3 bed property, if you were not living there it is probable your son and grandson would not be entitled to live in a 3 bed property - they would only be allowed / entitled to a 2 bed property.

If they have been living with you, and you can prove it then it’s possible that what’s called succession will apply.
have you got a copy of your tenancy agreement?

Could you make him a joint tenant?

If only your son and grandson were left, they would only be entitled to a two bed property.

There’s a housing shortage.

Succession rights often only apply to a partner/ spouse and not to other close relatives. You need to speak to the Housing Association to see what they allow.

But if they are entitled to succeed are there suitable 2 bed places available even if the landlord wanted to move them?

It's fairly common for single people to be allocated 2 bed places if, for example, they have disability needs.

When you assigned your tennancy was you with st albans council and have you stayed living in the property while your child is the sole tennnat as I want to enquire about this as id like this for my daughter .thank you

When you assigned your tennancy over did you continue living in the property. Was your st albans council as I want to ask them the same thing as I have a daughter and would like her to have the property assigned over to her .

This!

The tenancy and the property are two separate entities. The HA may agree to your son succeeding the tenancy but may say that the property is too big for his needs and therefore the tenancy is granted but to a two bed.

What part of the UK are you in as your son would automatically have this property if you lived in Wales. Contact shelter if your in england shelter cymru in Wales and they will advise and help you through that process