help son wants to moved out of home

Natty082

Can the other lad still claim all his benefits if someone who works moves in? Any reason this other lad doesn't work?

I moved out at 18 - Best thing I ever did! Get on much better with parents and i've learned to stand on my own two feet! I owned my first house at 20 and never looked back!

Rikki

Your son is working so he will be liable for the full council tax. I believe he may be entitled to 25% discount as the other lad is not working.

Moving out at nineteen may not be the problem, its where he is going to live and if he need to return.

There are many uncertainties:-
The other lad not working.
The tenancy being transferred to the other lad from his mother making your son just a lodger.
Not being to move back home if things don't work out.

I would encourage your son to think very carefully about this move. If it works, great he has his independence but if it goes horribly wrong he could end up being homeless.

McKneff

Ally67 - i cant believe that while your homeless - the other lads mother wants to change the tenancy to give her 19 year old son a 3 bedroomed house. No council will do this. Its just not going to happen. Tell your son to jsut hang fire and see what happens

mrs_deadline

I agree, it's a high-risk arrangement in the particular circumstances for all the reasons Rikki says, especially the tenancy not being sorted and the fact that you're not in position to pick up the pieces if it doesn't work out.

Yes he might make a big success of it, but his chances would be much better if he got a room in a shared house with other working people.

At the very least, I'd encourage him to wait till the mate gets a job so that they're equal financially, because any friendship can suffer if one person always has to pick up the tab. Which is almost inevitable with one working and one on benefits.

dag_2

we live in a tempery home[homeless] and weve been told that if he moves out he will not be able to live back here

Thanks but who has told you this? The people who run the hostel you're staying in? Or the local authority? I think it makes a difference.

If there's physically enough space for him where you are now, then I can't see that it makes any difference.

If the problem is that you might be evicted if he does move back, then I understand that, but then again, if you're in homeless accommodation, your tenure is pretty weak anyway, and you could be evicted for pretty much anything.

However, if the problem is that you and your son are actually occupying different units in the same block, then that makes it more complicated. If it's the case that if your son moves out, someone else will be put into the room that he previously was occupying, and that you are powerless to prevent that happening, then you'd be right to consider the options very carefully indeed.

Please forgive us if we wrongly assume that this is a straightforward case of a grown-up child leaving an established parental home.


anniehanlon says:

Ally67 - i cant believe that while your homeless - the other lads mother wants to change the tenancy to give her 19 year old son a 3 bedroomed house. No council will do this.

Are you sure about that? I thought that the tenancy rights that local authorities used to give to their tenants were pretty strong, and council tenants may indeed have had the right to pass on the rights under their tenancy agreement to another party.

Just because it might not be in the housing allocation policy for a local authority to pass on such a house to a person in such circumstances, doesn't mean that the tenant can't do it off their own backs.

Having said that, the tenancy rights given out more recently by housing associations might not be strong. My point is, you'd need to check the tenancy agreements to know if it's kosher or not; we can't just assume that it isn't.

dag_2

mrs deadline says

Yes he might make a big success of it, but his chances would be much better if he got a room in a shared house with other working people.

That's a good point.

If the house that your son is planning to move into is in the name of his mate - or his mate's mother, for that matter - then your son moving into it would effectively mean that your son would be a lodger. This means that your son's rights of tenure would be incredibly weak. Whether your son's mate is working or not really doesn't make any difference; either way, your son could still be legally asked to leave with very little notice, and for no real reason.

If the house were to be transferred to the names of your son and his mate jointly, then your son's rights would be a lot stronger, although clearly still not as strong as it would be if it was entirely in your son's name only. Tenancy rights are generally stronger when you're in self-contained accommodation, or in accommodation in which you don't have to share facilities with your direct landlord.

poppysarah

Also your son would interfere with any HB claim the tenant makes. All sorts of problems.
Advise him to get on a tenancy before he leaves home.

squinty

dag wrote: »

Just because it might not be in the housing allocation policy for a local authority to pass on such a house to a person in such circumstances, doesn't mean that the tenant can't do it off their own backs.

The housing allocations policy has nothing to do with this - and it is certainly not something that the tenant can do off their own backs.

Assuming the tenant is a secure tenant (most likely if they were council tenants and transferred to a housing association). Section 91 of the 1985 Housing Act makes it clear that an assignment of tenancy is only allowed in certain circumstances - none of which seem to apply in this case.

If the tenancy is an assured tenancy (most likely if they signed a new tenancy with a Housing Association) Section 15(1) of the 1988 Housing Act states that the Landlord must give their consent to an assignment. I cannot see any way they would allow a single man to take over the tenancy of a three bed family house.

If the Association allowed this they would be, in effect, giving this single man priority over ever other family looking for accommodation in the area.

I'm sorry, but this ain't going to happen.

If your son and his mate are serious about getting a place together I suggest they do it properly.

Rabiddog_2

I think the HA/LA would allow this if the Young son had been living there all his life?
Your son and his lover could enter a civil partnership to ensure they both have the right to stay there?

itzmee

When my ex and I split up only his name was on the tenancy of our housing association 2 bed house. He moved out whilst I stayed in the house with our young son and I tried to take over the agreement in my name but it was very difficult even though my ex was willing to transfer it to me. It took a lot of persuading by us before they would consider it and it was only because I had a child that they let me take over the agreement. I can't see that it would be easy for a single young man to take over a 3 bedroom house which is meant for a family.