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Could anyone help with Tenancy Agreements please ?
redpoison
Posts: 295 Forumite
On another thread i posted the other day explains my situation... I will explain it in shorter detail for you.
I did a mutual exchange from my housing association house to a council house feb this yr... Julie promised me she was keeping her fire electric fire here (she put orriginal gas fire in garden) And i promised i was leaving my fitted kitchen and wooden floors, (we didnt sign any documents, was just word of mouth), but the day we swapped, i was just getting into my car when my dad rung me and told me Julie has taken the fire, Anyway I am moving in with my partner, and tenancy has told me i will have to replace the fire, by putting a gas fire back and obtaining a certificate, or i may be charged in the region of £200-£500 (i double checked today) , (even if she did leave the elec fire here, i would still have to put a gas one back.. )aswell as roughly £30 per door that needs replacing upstairs, (2 with holes in from Julie's hubby, and 1 missing door) ... I only swapped to do her a favour, i was always moving away anyway was just when..Now i am wanting to go after xmas!!
My friend and i been chatting about my situation today, and she suggested that i put her partner Damian on my tenancy agreement aswell as my rent card (as he is not on hers) And then in a month or 2 i take myself off of it? So it becomes his house, and my friend move in with their children.. They are currently living in a 2 bed council house with 2 children, and plans on having more.. (they been together 5 years and are engaged to get married..)
Would this work? :cool:
I am out of options on what to do to be honest, i can not afford to replace all this when it was Julie who went back on her word!! It is all her fault, And council do not give a flying poo!! IT is my house now and i am responsable!! EVEN though it is on the council's record what the house was like before we swapped as they had to inspect it!! And the week i moved in i complained about her taking the fire away!! I can not believe it
Thaks in advance for any help...
I did a mutual exchange from my housing association house to a council house feb this yr... Julie promised me she was keeping her fire electric fire here (she put orriginal gas fire in garden) And i promised i was leaving my fitted kitchen and wooden floors, (we didnt sign any documents, was just word of mouth), but the day we swapped, i was just getting into my car when my dad rung me and told me Julie has taken the fire, Anyway I am moving in with my partner, and tenancy has told me i will have to replace the fire, by putting a gas fire back and obtaining a certificate, or i may be charged in the region of £200-£500 (i double checked today) , (even if she did leave the elec fire here, i would still have to put a gas one back.. )aswell as roughly £30 per door that needs replacing upstairs, (2 with holes in from Julie's hubby, and 1 missing door) ... I only swapped to do her a favour, i was always moving away anyway was just when..Now i am wanting to go after xmas!!
My friend and i been chatting about my situation today, and she suggested that i put her partner Damian on my tenancy agreement aswell as my rent card (as he is not on hers) And then in a month or 2 i take myself off of it? So it becomes his house, and my friend move in with their children.. They are currently living in a 2 bed council house with 2 children, and plans on having more.. (they been together 5 years and are engaged to get married..)
Would this work? :cool:
I am out of options on what to do to be honest, i can not afford to replace all this when it was Julie who went back on her word!! It is all her fault, And council do not give a flying poo!! IT is my house now and i am responsable!! EVEN though it is on the council's record what the house was like before we swapped as they had to inspect it!! And the week i moved in i complained about her taking the fire away!! I can not believe it
Thaks in advance for any help...
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Comments
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So lets look at what happened here. You were a tenant of a good property – however you were thinking about leaving. Before you left you and you mate Julie thought of a little scam so that she could move into your house but this has backfired and you have been told this may cost some money.
Rather than facing up to this, your next solution is to try to engineer a way where you can hand this tenancy over to another friend.
You ask if this would work
As far as I can see this will not work, and more importantly should not work. It does look like you are trying to cheat the system.
This is why it will not work. Firstly, you have already committed fraud – you have completed an exchange and do not intend to occupy the new property as your home. If the council were aware of this they could, quite legitimately insist on you moved back.
Secondly, you have not understood what an exchange is. You have been assigned someone else’s tenancy. This means that you are responsible for everything about the tenancy as if it had always been yours. This includes any repairs and/or damage. I don’t think you have a leg to stand on – you will have to out this right including supplying and fitting a gas fire and repairing doors. I’m at a loss trying to understand how you thought this could be the councils responsibility.
Thirdly, your idea about trying to commit further fraud by transferring the tenancy into another name is both ridiculous and illegal. Despite what you and your friend may think you cannot just add another name to a tenancy, neither can you just remove a name. The law is very clear as to when tenancies can be assigned (passed from one person to another) – there are only certain limited circumstances. None apply in your case.
Time for a reality check here – this is not Julies fault, it is not the councils fault. It is your fault. Stop trying to blame everyone and accept some responsibility.
And finally, I suspect the council do give a flying poo. They are probably trying to make the best use of their housing stock and to keep it in good condition. You are trying to scam them and avoid any responsibility. I suspect they have many, many more deserving cases to consider.0 -
So lets look at what happened here. You were a tenant of a good property – however you were thinking about leaving. Before you left you and you mate Julie thought of a little scam so that she could move into your house but this has backfired and you have been told this may cost some money.
Rather than facing up to this, your next solution is to try to engineer a way where you can hand this tenancy over to another friend.
You ask if this would work
As far as I can see this will not work, and more importantly should not work. It does look like you are trying to cheat the system.
This is why it will not work. Firstly, you have already committed fraud – you have completed an exchange and do not intend to occupy the new property as your home. If the council were aware of this they could, quite legitimately insist on you moved back.
Secondly, you have not understood what an exchange is. You have been assigned someone else’s tenancy. This means that you are responsible for everything about the tenancy as if it had always been yours. This includes any repairs and/or damage. I don’t think you have a leg to stand on – you will have to out this right including supplying and fitting a gas fire and repairing doors. I’m at a loss trying to understand how you thought this could be the councils responsibility.
Thirdly, your idea about trying to commit further fraud by transferring the tenancy into another name is both ridiculous and illegal. Despite what you and your friend may think you cannot just add another name to a tenancy, neither can you just remove a name. The law is very clear as to when tenancies can be assigned (passed from one person to another) – there are only certain limited circumstances. None apply in your case.
Time for a reality check here – this is not Julies fault, it is not the councils fault. It is your fault. Stop trying to blame everyone and accept some responsibility.
And finally, I suspect the council do give a flying poo. They are probably trying to make the best use of their housing stock and to keep it in good condition. You are trying to scam them and avoid any responsibility. I suspect they have many, many more deserving cases to consider.
First of all, i appreciate you replying, but let me tell you something now, I AM NOT COMMITTING NO FRAUD HERE!!!!!!!!!! Julie approched me after over hearing a confo of mine about how desperate i was to move due to my daughter being bullied a family accross from where i used to live, she asked me to swap i said yes not problem, My last resort was to move in with my partner 250 miles away but i never felt 100% about that! So we did an exchange, SHE PRMISED ME she was leaving the fire here, aswell as finishing of laying floor, finishing coven, and cleaning it! BUT SHE NEVER, I promised to leave my wooden floor, and my newly fitted kitchen I STUCK TO MY END OF THE BARGAIN!! We both signed contracts down in the council when we moved into eachother's propertys!!
I have been here a year feb! ( I HAVE BEEN OCCUPYING IT)And been very un happy as this house is horrible,( i had to move due to above circumstances) and the council will not get off of their backside to fix problems that need doing, like a leaking window, a broken vent, plugs hanging off of the wall, and a hole in my kitchen wall behind washer! SO HOW AM I COMITTING FRAUD?
AND IT IS JULIES FAULT!! SHE LEFT THIS PLACE IN A RIGHT STATE!! I WAS STUPID!!
I have now decided 99% I am moving 250 miles away to be with my partner, Why the hell shall i be held responsible for the missing fire? JULIE TOOK THE GAS FIRE OUT AND STUCK IT IN THE GARDEN WHEN SHE PUT HER ELECTRIC FIRE IN!! (even if she left electric fire, i would still have to put in a gas one) Tenancy have it on record when she inspected the house beofre we swapped, gas fire in garden, tenant leaving elec fire here for new tenant.
And the week i moved in i started reporting all these faults, including the fire missing, they kept telling me tenancy will contact you blah blah, but it never happened!! Was only when my local MP brought it up at a meeting did the tenancy woman call me AND gave me te bad news, which could of been given to me months and months ago that they would not give me a fire!!
Why the hell shall i fork out £200-£500 to replace a fire? When it is Julies Fault? And Tenancy for not letting me know when i started complaining every week since FEB and it took my local MP a few meetings to get on their case, for stringing me along!!
Back to me now deciding on going, I didnt ask to be critisized, or being told i am committing fraud, i asked a simple question!! My friend has 2 children and is stuck in a small 2 bed house, with rough neighbours, who have been to court for their behaviour (the neighours) But they are still there!! And my friend can not get moved, she has to park her car streets away as it gets damaged etc.. So why shouldnt i give them the chance to have my house? They are much much needed to get out!!
All i ask is would it work by putting her partner on my tenancy agreement as i never had anyone on mine before..
God!0 -
Is this a wind up?0
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This is either a pi** take or you are seriously deluded.On another thread i posted the other day explains my situation... I will explain it in shorter detail for you.
I did a mutual exchange from my housing association house to a council house feb this yr... Julie promised me she was keeping her fire electric fire here (she put orriginal gas fire in garden) And i promised i was leaving my fitted kitchen and wooden floors, (we didnt sign any documents, was just word of mouth), but the day we swapped, i was just getting into my car when my dad rung me and told me Julie has taken the fire, Anyway I am moving in with my partner, and tenancy has told me i will have to replace the fire, by putting a gas fire back and obtaining a certificate, or i may be charged in the region of £200-£500 (i double checked today) , (even if she did leave the elec fire here, i would still have to put a gas one back.. )aswell as roughly £30 per door that needs replacing upstairs, (2 with holes in from Julie's hubby, and 1 missing door) ... I only swapped to do her a favour, i was always moving away anyway was just when..Now i am wanting to go after xmas!!
My friend and i been chatting about my situation today, and she suggested that i put her partner Damian on my tenancy agreement aswell as my rent card (as he is not on hers) And then in a month or 2 i take myself off of it? So it becomes his house, and my friend move in with their children.. They are currently living in a 2 bed council house with 2 children, and plans on having more.. (they been together 5 years and are engaged to get married..)
Would this work? :cool:
I am out of options on what to do to be honest, i can not afford to replace all this when it was Julie who went back on her word!! It is all her fault, And council do not give a flying poo!! IT is my house now and i am responsable!! EVEN though it is on the council's record what the house was like before we swapped as they had to inspect it!! And the week i moved in i complained about her taking the fire away!! I can not believe it
Thaks in advance for any help...
IT WOULD BE FRAUD ,because you are considering being dishonest to your local council. These houses are meant for people who need them and you and your mate seem to foget that housing lists are there to keep a fair system.Tell them to take their turn like everyone else. If you dont need your house then give it up for someone who is stuck 10 floors up in a highrise!“Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.0 -
No it is NOT a wind up!
Why am i being accused of committing fraud? I am pretty upset by the accusations on here, got nothing nice to say then please don't say it, there is just no need!
My friend is desperate to get away from where she is, there are plenty of empty properties around here but that Woman in Tenancy is a right moo, she shouldnt even be there, the complaints about her attitude is astonishing, she told my friend that when case goes to court the nuicense (sp) neighbours would be evicited!! Well it went to court (community service was their punishment,) and they are still there!!! !
Don't Think you understand.. Perhaps i will wait till i can get into see CAB for thei advice/opinions on what to do!0 -
All i ask is would it work by putting her partner on my tenancy agreement as i never had anyone on mine before..
God!
You'd be pretending that he is your other half in order to get your mate jumped up the council list.
Which is Not OK....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
You stated an intent to declare yourself in a domestic relationship with your friends partner, so that the tenancy could be transferred to your friend. This is fraud, unless you intend to live as partners in the house for 2 months. Quite difficult to prove this from the housing people's side of things, so you may get away with it. Still fraud, but what the heck.Why am i being accused of committing fraud? I am pretty upset by the accusations on here, got nothing nice to say then please don't say it, there is just no need!
Your friends desperation is unfortunate but also irrelevant. It's not a popularity contest, we don't know your friend, we don't really care about your friend, we don't know the lady in the tenancy department dealing with your friend. She could be the ressurrection of ghengis khan as far as her attitude goes, it makes no difference. The fact that she failed to predict the outcome of a court case is unfortunate. Perhaps she was trying to reassure your friend that things would get better, again it's irrelevant to your scheme of transferring the tenancy.My friend is desperate to get away from where she is, there are plenty of empty properties around here but that Woman in Tenancy is a right moo, she shouldnt even be there, the complaints about her attitude is astonishing, she told my friend that when case goes to court the nuicense (sp) neighbours would be evicited!! Well it went to court (community service was their punishment,) and they are still there!!! !
Seems like a plan, we may or may not understand the full scope of your difficulties. I would say in the defense of the people answering your questions that they are generally civil and seem to know what they're talking about when it comes to buying and letting properties. Some of them even make a living out of it so when they tell you that you're doing something wrong it may be worth thinking through before you take these actions.Don't Think you understand.. Perhaps i will wait till i can get into see CAB for thei advice/opinions on what to do!
Social housing and the methods of transfer, allocation and maintainance are a mystery to me, i have found that it's best to take advice given with a pinch of salt and that if my advisor is failing to understand that perhaps i am failing to communicate clearly.
Shelter or a charity which deals with housing issues may be a better port of call for advice than the CAB."Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves." - Norm Franz0 -
If where you are living right now is so awful, why would you let your friend live there?Mortgage started on 22.5.09 : £129,600Overpayments to date: £3000June grocery challenge: 400/6000
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Yer but, no but!0
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