Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Flip

1 2

Original poster

Council house

31 replies

Dylancharlie93 · 26/08/2017 11:47

Hi basically I live in a council 2 bed 2nd floor tiny flat no garden etc with my two children age 2+5 . My mum lives in a 3 bed council massive house with garden on her own. Am I able to give up my tenancy on this flat and move back home with my mum? I get full hb here and she works full time and pays full rent. How would this effect her and me? Am I able to go on her tenancy?

OP posts:

GriefLeavesItsMark · 26/08/2017 11:50

Well for a start you won't be able to claim housing benefit unless you have a joint tenancy with your mother. Re having a joint tenancy, you will need to speak to your housing officer about their policy.

Original poster

Dylancharlie93 · 26/08/2017 11:55

I will on Tuesday I've looked online and can't find anymore info. I wouldn't need to claim hb at my mums house as she pays full rent

OP posts:

BarbaraOcumbungles · 26/08/2017 11:55

You young be able to claim HB there so how would you contribute to the rent?

You might be able to go on the tenancy after you've lived there for a while, you might not. It depends on the area you're in. You might have succession rights as long as your mum didn't succeed the tenancy herself.

You'd probably be able to do an exchange if your mum wanted to.

Kraggle · 26/08/2017 11:56

In my council you have to have lived there a year before you can be put on the tenancy. Would your mum consider a mutual exchange where you swap houses?

KentMum2008 · 26/08/2017 11:56

I agree an exchange is far better. Your mum can downsize and pay less rent and you'll have a 3 bedroom house.

Kraggle · 26/08/2017 11:57

Xpost Barbara!

fleshmarketclose · 26/08/2017 11:57

Could you ask your dm to exchange? There shouldn't be a problem with that. Not sure why you'd want to move backin with your dm tbh as you'd still only have two bedrooms and would have to share the rest of the facilities.
From what I know to become a joint tenant with your mum she would have to give up sole tenancy and ask for a joint tenancy to be considered. The council might not agree to that as they might suspect you are trying to jump any waiting lists as what's to say you might fall out and your mum want her house back.They would then reconsider whether you dm was adequately housed and might decide she doesn't need three bedrooms and house her elsewhere. So then you would both be is flats most likely.

Bluntness100 · 26/08/2017 11:58

If you give it up and either you or your mum meet someone else it might be hard to get one again. Would your mum swap?

Flamingale · 26/08/2017 12:01

I was watching a programme the other day about people going through the process of swapping council properties.

Could that be an option? Either swapping with your mum or someone else. Council tenancies are like gold dust and you should not give yours up no matter what.

Flamingale · 26/08/2017 12:03

I'm way too slow typing on mobile phone! Great suggestions and advice from others.

viques · 26/08/2017 12:09

Seems a bit mean to me, you are housed in a flat that is big enough for your needs , ok no garden but lots of people have that lack. I am willing to bet that there are families on your council waiting list who are overcrowded and need a three bedroom house more than you do. Why should you jump ahead of them by swapping to a larger house just because your mum lives there, it would also mean both of you technically living in social housing larger than you needed when other people are desperate, social housing is at a premium, I would hope that any housing department would dismiss your application as a poor deployment of their housing stock. there is not much they can do about your mum living in her house as I assume she has lived there a long time, though I wonder what will happen if she can no longer afford to pay the full rent from her earnings.

GriefLeavesItsMark · 26/08/2017 12:11

Possibly the mum doesn't want to move into a small flat with no garden?

As someone said above, one thing to watch out for, if your relationship with your dm breaks down, there is a possibility you will be deemed intentionally homeless because you have abandoned a secure tenancy (I think there is some case law on this)

Original poster

Dylancharlie93 · 26/08/2017 12:21

My mum got cancer 4 years ago and had to stop work she was expected to live on 70 pounds a week.. Because of this she is in £2500 rent arrears which means you can't house swap she's literally had the people from council in her house begging them to downsize her but they have refused so many times because of the arrears ! I'm aware there is a waiting list but surely me giving up this property and sharing hers as she's going to be in it regardless of what I do is the better idea.

OP posts:

BarbaraOcumbungles · 26/08/2017 12:45

So how would you plan to clear the arrears?

viques · 26/08/2017 13:00

Oh, a drip feed........

lifesaverormassmurderer · 26/08/2017 13:06

So not paying full rent at all then?

Viviennemary · 26/08/2017 13:06

It depends on the rules at your local council. She won't be able to house swap if she is in massive rent arrears. How does she propose to pay it off. Don't think they'd allow your HB to pay off her rent arrears.

GriefLeavesItsMark · 26/08/2017 13:11

Well low likelihood she'd be allowed to change her tenancy if she's in arrears. I would assume, seeing she still has tenancy, she is working on clearing it?

Original poster

Dylancharlie93 · 26/08/2017 13:14

Now she's in remission she's obviously back at work and paying full rent! The arrears happened because of her changing to housing benefit and waiting for that to take effect it took so long to sort out properly. She's paying off her arrears weekly on top of the rent.. Honestly don't know why everyone thinks it's there business to know if or how she's paying rent/ arrears etc lol thank you to everyone that's actually replied to my question that I asked :)

OP posts:

Viviennemary · 26/08/2017 13:17

Sorry your mum has been ill and good that she is now recovering. But if you move in with her this will affect your entitlement to benefit and hers. And if she's in arrears that might affect the Council's decision on whether you can take over the tenancy.

BarbaraOcumbungles · 26/08/2017 13:24

So how are you going to help her clear the arrears was my question. You're not expecting to live there for free, surely?

GriefLeavesItsMark · 26/08/2017 13:25

Because how your Dm handles her tenancy impacts on the advice we can give you.

Original poster

Dylancharlie93 · 26/08/2017 13:42

I said in the original post she works full time and pays full rent? Wether I choose to "live there for free" is literally nothing to do with what I have asked. I've also said her arrears are being paid off weekly. I just wanted to know if I could move in with my mum and then one day maybe in the future be put on the tenancy. I previously lived there with my first child and benefits etc were the same as when I moved out. She's not expecting me to claim hb at this property either all rent will be paid normally.

OP posts:

StarlightExpress5 · 26/08/2017 13:49

If you are going to move in with her then put your name on the tenancy immediately, as if (god forbid!) something happens to your DM you will be homeless and having given up your own tenancy the council will say you have made yourself intentionally homeless and won't house you.

MrsJayy · 26/08/2017 13:55

Your mum needs to inform her council of you moving in it isn't as if she is taking in lodgers she is your mum ask on tuesday the ins and outs of it and just move in. Fwiw relative of mine has her adult child and her child living with her it is all above board.

Flip

1 2