Council house now to big

newlywed

But if it's her name on the tenancy and she carries on paying the rent then they won't kick her out just to get the house.

Council tenancy is usually secure tenancy, as long as you pay the rent and aren't antisocial then you can stay there forever, even if you won the lottery!

They might offer her an incentive to move to a smaller property, but she could still reject that.

My mum is now on her own in a 3 bed house (us all having left home) and nothing has been said.

astonsmummy

debrag wrote: »

if she can keep the house then she'll stay, but it's a 5 bed house surely the council will want it for a bigger family.

Whenever the sister mentions it's a 5 bed house, they are like 'what!' Lewisham Council must really need them.

They cant make her leave just because it has 5 beds, although if it was me i'd be looking for a mutual exchange, there are plenty of people out there in desperate need of a 5 bed, and that was she could literally have the pick of the bunch, any house (within reason, think most councils will allow you one extra bed than you actually need) and area of the country.

debrag

a meeting is happening tomorrow, so I've been passing everything on to them.

lumbo_2

It would seem simpler if they all just stayed on in the 5 bed house,then no-one would be homeless.The person who is liable to have nowhere to live should register themselves on the councils waiting list,that way he will be accepted onto their waiting for a home list at least.Also good idea to check out certain organisations such as shelter to see what they can obtain in their own right.

debrag

the mother & kids don't want to live there, she never had any intention of doing so, just using the time to get a better place than what she was originally offered, plus she doesn't like the fact that someone else tries to tell the kids off when she doesn't.

debrag

lumbo wrote: »

It would seem simpler if they all just stayed on in the 5 bed house,then no-one would be homeless.The person who is liable to have nowhere to live should register themselves on the councils waiting list,that way he will be accepted onto their waiting for a home list at least.Also good idea to check out certain organisations such as shelter to see what they can obtain in their own right.

That was the intention when she first moved in, unbeknown to certain people (the brother) she was moving out again at first chance.

cosmic-dust

Something to think about also the LA will not pay for 5 bed rooms if only 1 or 2 bed rooms are required if they are on benefits.

Jowo_2

I agree with Astonsmummy - I'm not aware of any obligation on the part of the tenant to give up a property that is much larger than their needs nor any right for the council to insist that the tenant quits.

The only issue I can see is if the person(s) that are planning to remain in the property are not actually the named tenant on the agreement, in which case they'd need to check if they have any security of tenure or will be evicted.

There is plenty of information on the council website about council housing, including how to make changes to who is on the agreement and the incentives schemes, plus the tenant(s) should read their tenancy agreement.

For example:

Assignment of tenancy to someone else
You may wish to assign your tenancy to another member of your household. The existing tenant would have to give up the tenancy and the rights of the tenancy be passed on to this household member.
Family members who are eligible to take over a tenancy include:

• the tenant's husband/wife or partner
• parents
• grandparents
• children/grandchildren over the age of 16
• brothers and sisters
• uncles and aunts
• nephews and nieces.

Succession to tenancy
If you are a member of a household where the tenant has died, you may be eligible to succeed, or take over, the tenancy.



Family members who are eligible to take over a tenancy include:

• the tenant's husband/wife or partner
• parents grandparents
• children/grandchildren over the age of 16
• brothers and sisters
• uncles and aunts
• nephews and nieces.

Under occupation scheme
Tenants with more bedrooms than they need can be offered smaller, more manageable homes through this scheme. For more information contact 020 8314 8827.

http://www.lewisham.gov.uk/Housing/CouncilTenants/YourTenancy/HousingAllocationsChangeOfTenancy.htm
http://www.lewishamhomes.org.uk/

debrag

thats why they hopefully will get offered to downsize.

Ames

Could the brother get on the tenancy agreement, then he'd have more rights.