Council House Advice Needed!!

Pepzofio

If you're named on the tenancy then they can't force you to downsize. I can't see that they'd have any problems taking your mum's name off the tenancy either, assuming the rent account is up to date.

Not sure if it's different for councils, but I work for a HA and this normally comes up when couples split up and one tenant moves out - advice is that the leaving party cannot get their name taken off while the account is in rent arrears (as they are J&S liable) but that as long as the account is up to date we are happy for them to come off. That's assured tenancies, though so might be different for secured.

Why don't you just ask the council what their position is? As if worst comes to the worst and they say they would not re-sign with you alone in a 2-bed then just leave your mum on the TA (if she is happy to do so).

I'm not a legal expert, but I would have thought that there would be a human rights issue with allowing one tenant to end a joint tenancy unilaterally - councils are public bodies, therefore to deprive you of your right to accomodation would be a contravention of the HRA. (Although if they were rehousing you in a 1-bed I suppose this might get them around it that way.)

MunnyBoiler

Just make sure that your mother doesn't end the tenancy, rather than she wants to transfer the tenancy into your sole name. With this situation, it is all about the wording of what you want to achieve.

Good luck

fruitpastel1

Hi all, thanks for your help. I sent an email to Shelter for some advice and i've just had their response as follows:

"If you have a secure council tenancy it will not be possible for your mum to assign it to you. If she wants to take her name off the agreement she’ll then have to give notice to end the tenancy. Unfortunately this will have the effect of ending your rights too.
If your mum takes this step you’ll only be able to remain in your home if the council agree to grant you a brand new tenancy in just your name. Unfortunately there’s no guarantee this will be agreed. This is because the council have to follow their allocations policy to decide who is entitled to the next available home. If the policy doesn’t allow for you to be granted the tenancy it will not be allowable.
The other thing to consider is that your mum doesn’t have to remove her name from the tenancy when she moves out. In this scenario if could continue as a joint tenancy. However, you may find she would prefer to end it if she no longer wishes to be seen as liable for the rent."

My mum would have no issue with keeping her name on the tenancy, however are we legally obliged to inform the landlord that my mum has moved out and would we be in trouble if we didn't do so?? OMG this is so worrying!

squinty

I suspected this would be the response.

This bit can be difficult to get your head around !!. As a joint tenant you and your mum are treated as a single entity. As long as one of you, in your case you, continue to occupy the porperty as your only or principal residence you are meeting the conditions of the tenancy, and there is no obligation to inform your landlord (unless this is a specific condition of you tenancy).

However, if you are in recipt of houisng benefit you are obliged to tell the benefits section, and if you will need to inform council tax if you intend to claim single person discount.

As long as you kep to the conditions of the tenancy you will have a right to remain (and if you breach the tenancy your landlord will need to take court action to remove you) so don't worry about that. However, you need to make sure your mum understands the situation of her remaining a joint tenant - althoug she is no longer living at the property she is still jointly and severably responsible for all aspects of the tenancy (for example if you do not pay the rent she is also liable) and most importantly if she ends the tenancy this will end the tenancy on behalf of all joint tenants. (ie for both of you).

The advice from Pepzofio is incorrect, and this will not be viewed as a breach of human rights. This has been confirmed in case law.

fruitpastel1

Thank you for your response Squinty - I feel a lot better about the situation now, we dont claim any benefits whatsoever so that wont be an issue and mum will remain as a joint tenant after she moves out.

Really appreciate you putting my mind at rest in that I can remain in the property without breaching my tenancy agreement.

Thanks again! :j