Assignment of tenancy?

snoop2008

Hey peeps. Your advice please if any!!!

My social worker has recommended I move to an adapted council property due to my mobility and the restrictions to my present home.

My daughter is nearly 21 and does not want to move with me. I can understand this as she has much responsibility to me as my unpaid carer.

I have learned that the council can grant an assignment of tenancy, on the grounds that I have somewhere to live as I am handing over the tenancy to her, who would have succeeded the property anyway due to succession. Are u with me so far .

Shelter informed me the council can do it, but may refuse due to the property being tooo big. (if this is the case could it be in their interest to allow her to remain in the property until they find her a one bedroom flat.?)

and the decision lay with them and may refuse to let her have the flat which is 2 bedroom.

If she does not come with me and does not get the flat as an assignment, what rights does she have please.

The social service are moving me, and it is not my daughter who wants to move but she will have to, so what can she do as she is not making herself homeless!!!!

I have a housing application form here and don't know whether she should fill it in. It asks many questions about me the disabled person living in the home and why she wants her own place. once again, does anyone know why the housing form should ask questions like that!!

Thanks in advanced!!!

silvercar

It asks many questions about me the disabled person living in the home and why she wants her own place. once again, does anyone know why the housing form should ask questions like that!!

They are moving you because of your mobility issues, the normal practice would be for them to move the whole family. If she was happy to live with you before then she should be happy to live with you again is the logic. This is why they are asking why she needs a place of her own. The fact that the necessity for you to be moved has come about at the same time as your daughter is of an age when she wants to live independently is not one on the housing criteria's list of urgent housing needs.

If your daughter is made homeless as a result of your move, then her needs will be assessed. If she is in good health, single and with no dependents, then she is unlikely to be judged a priority.

tbs624

If the new Council property that you have been offered is of a similar size then your daughter *could* move with you. There will be lots of families on Council waiting lists who are desperate for your current 2 bedroom flat.

If your daughter wants to step out on her own then that's a choice she is free to make, but she could just do what thousand of other youngsters do - stay with the parents a bit longer, save up for 6 months or a year and then get a bedsit or a place in a shared house. To me it seems wrong that you can take up a new council provision, and yet expect your daughter to be allowed to simultaneously hold onto the old one, at the expense of someone who may be holed up in a B&B and in greater need for that accommodation.

Its good that you have had the support of your social worker in getting somewhere more suitable for you needs but your daughter is an adult, and does have a choice.

squinty

Assuming you have a council secure tenancy, and you are in England, one of the few circumstances where a tenancy can be assigned is when this is to a person who would be eligible to succeed to the tenancy.

However - from your original post I don't think this is the case. The property is too large for your daughter, and therefore the property cannot be assigned to her.

Also, if the council is looking to transfer you to a different property this will be done on the understanding that you offer them vacant possession of your current home. If you did assign the property, you would not be able to offer them vacant possession, and it is unlikley that they woulf offer you an alternative.

If you look at what you are suggesting from the councils point of view - what you are saying is that now you and your daughter occupy 1 property. You are trying to engineer a situation where you both have individual council properties. Why should they allow this ? Given the current demand on council housing why should your daughter be able to bypass the system? (obvously she is your daughter and you want to make sure she is OK).

I don't think your idea works.

I'm not sure about your objection to the housing application form - assuming your council has some sort of points based system the type of questions ask may demonstrate 'social' points or 'local connection'. If you do not answer these questions, your daughter may well be given less priority.

SquatNow

You idea hopefully won't work, and morrally, SHOULDN'T work.

No offence.

Your tennancy goes with you... you can't have a new tennancy AND keep the old one.

There arn't enough council houses to go round as it is.