Sub letting in a council house?

tb1105

My father in law lives in a 4 bed council house.
My husband and I have one room, sister in law and her boyfriend moved to Spain 2 years ago, father in law has one room and hubby's 90 year old gran has one room.

Hubby and I are buying a house this year, we use his sister's room as our office. Father in Law seems to think when we have gone he can redecorate the rooms and sub let them.

I am pretty sure he can't sub let the rooms because it is a council house? I have tried telling him this isn't his house and when he is on his own, the council will probably re house him to a 1 or 2 bed and put a family in this 4 bed. He says his name is on the house and they can't move him. He is being very defiant about it all but I don't want him to get in trouble. Can anyone point me in the direction of official info that says he can't sub let rooms??

MyRubyRed

He can not sub let as the property is not his

jazabelle

MyRubyRed wrote: »

He can not sub let as the property is not his

She's asking for something official that says this to show her father.

Does he have a tenancy agreement?

Jowo_2

If you are asking whether he can take in lodgers (meaning that they share the property with him while he still stays there), he might be able to if he asks permission from the council and they grant it to him. The council website or tenancy handbook will provide the answer to this.

Most council tenants have secure tenancies and can't be moved out if they under-occupy. Instead they have schemes to encourage those to move into smaller properties, such as offering grants for decoration and moving expenses. My aunty downsized from a 2 to 1 bed property when her children left and got a nice flat in a better area.

What social housing tenants can't usually do is move out of the property and sublet it to someone else - if its no longer their primary residence, the council will seek to repossess it.

Dontknowanymore

Tennancy agreement, or tennants handbook should say it, or tell her to get him to phone the council direct and ask.

tb1105

I guess he has an agreement somewhere but they have been living here for about 9 years so doubt he has it on hand. He does do things by the book, registered me when I moved in so hopefully he will phone and ask but he really doesn't believe me, seems to think this house is his!!

tb1105

Jowo wrote: »

If you are asking whether he can take in lodgers (meaning that they share the property with him while he still stays there), he might be able to if he asks permission from the council and they grant it to him.

Can you really do that in a council house? Doesn't it make a mockery of the whole system of rehousing those in need?

MyRubyRed

His council will have a copy of the agreement. He needs to check and discuss with them

If he does not have permission from the head landlord, (for example, council or housing association etc.) to let the property in the first place then the sub tenant will not be safe. Security of tenure of the tenant is lost by the subletting and the head landlord can therefore take possession proceedings against the tenant. The head landlord may be able to then take separate proceedings against your father in law in respect of the sub-tenancy.

tb1105

Seems I may have to eat my words! Found this in the online handbook:

"Secure Tenants only -[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]To allow you to take in lodgers as long as you do not overcrowd the property. "[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Because Husband's Gran lives here, he gets half of rent, council tax, TV licence etc., free. We pay him rent, so basically he needs to make up money when we move out and (touchwood no time soon) when Gran does pass on, he certainly can't afford this house alone so would need lodgers, which is why I thought they would re house him as have heard of it done round here.[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]So if he gets lodgers, would he have to declare it as income or would the council just add them as tenants?
[/FONT][/FONT]

Jowo_2

tb1105 wrote: »

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]basically he needs to make up money when we move out and (touchwood no time soon) when Gran does pass on, he certainly can't afford this house alone [/FONT][/FONT]

Is he the actual tenant, holds a joint tenancy with your Gran or is the tenancy in her sole name?

Is he in employment or claims any benefits?

When the sad event happens, you could encourage him to discuss his options with the council so that he could move to a smaller,cheaper property without having the hassle of living with strangers. He may finds that the pressure for family properties is very high and they have very generous terms for him if he moves out and will perhaps prioritise him for rehousing somewhere smaller.

Does your local council operate Choice Based Letting?

tb1105 wrote: »

So if he gets lodgers, would he have to declare it as income or would the council just add them as tenants?

The council will not want to grant a secure tenancy for life (assured tenancy) to what are casual temporary guests (the lodgers)!

Council tenancies can be passed on (once I think) to family members who live in the property before the succession happens. Again, the tenancy handbook or council website will tell you how this works.

Any income above £4250 has to be declared to the HMRC - google 'Rent a Room Scheme' for the info on this.

Also, if he has means tested benefits, he will also have to inform the relevant bodies.

Jowo_2

tb1105 wrote: »

Can you really do that in a council house? Doesn't it make a mockery of the whole system of rehousing those in need?

Well originally much of social housing was built as 'homes for heroes' - those that served in the war and operated on the waiting list principle. It's only now because the stock is so small that they switched allocation to those in 'need'.

There are many weaknesses with social housing allocation and its subject to a number of either outright abuses or what could be regarded as morally objectional (but legal) practices.

Many countries operate their social housing policies very differently. Some countries peg the rent to the persons income, others grant tenancies for a temporary period, others force the tenants to give up their property when their income reaches a certain level, some interview tenants and won't accept those with certain problems, a UK housing association has a scheme which insists that the tenant is actively seeking employment and will mentor them. Some countries will not allocate social housing to migrants.

When the Tories get into power, I wouldn't be surprised if they scrapped assured tenancies or changed the way rents are set.