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Housing association tenancy.
annajo
Posts: 46 Forumite
Just a quick query really, a lady across the road passed away about a month ago and the house she lived in is a housing association property,one of her children still lives at home ( he's nearly 17) and he has decided he still wants to live in this area (other family members live about half an hour to an hour away).Anyway his father (the lady's ex husband) is now back on the scene (after this lady's funeral) living in this house with the son. What i would like to know is has this guy got any rights to live there? I understand tenancy can pass to say husband/ wife or children once but can it pass to a nearly 17 yr old or an ex (that hasnt lived there for over a couple of years.
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Comments
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It depends on the type of tenancy the person had. Transfers of tenancy need the HA's permission.0
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I might be missing something, but it sounds good to me that the poor kid has his Dad moved in with him at such a difficult time.0
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I might be missing something, but it sounds good to me that the poor kid has his Dad moved in with him at such a difficult time.
I know the kid wants to be with his dad but to put it politely, the guy is sort of guy that makes promises, keeps them for a little while and then breaks them. One instance, he moved back in about 3 years ago to make a go of it for the lad's sake, he bought a car for his ex wife so she could get about, bought a couple of pressies for the lad and within no more than 3 or 4 months he had gone taking with him not only the car he had bought but the pressies for the son and just disappeared into the sunset.I just hope he doesnt let his son down now.0 -
It depends see...
http://england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies
.. there are at least 5 sorts of HA tenancy agreement. If she'd been there for a bit she might have a "Secure" tenancy & if so, see
http://england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies/secure_tenancies#5
then (only for the secure tenancy mind....
So, someone needs to read the tenancy agreement (if they can find it..) or ask neighbours [tricky, they might want the place anyway] or the Housing Association...Can I pass on my tenancy when I die?
The legal process is called succession and it can normally only happen once.
If you have a joint tenancy, the other joint tenant will automatically take over the tenancy if you die. But, if you are the sole tenant, there are rules about who the tenancy can be passed on to.
A successor must live in the property as their 'only or principal home.' A surviving husband, wife or civil partner will have priority over any other family member to inherit the tenancy. If you are not married but live together as husband and wife, or are another member of the family, it is possible that you can succeed the tenancy if you have lived with the tenant for the past 12 months.
Best of luck!
Artful0 -
Annajo - are you asking this out of genuine concern or because you are a nosy neighbour?
A 17 year old can have a tenancy. Specific housing corp guidance to registered social landlords (RSLs) says that they should not refuse to let to 16/17 year olds. The tenancy can be held in trust by an adult, who may be a relative, friend, social worker etc
Under 18s can be held to contracts for "necessaries" and ,obviously accommodation is a necessary. There was a Court of Appeal case regarding a 13 year old who succeeded a tenancy, albeit as an equitable tenancy ( subject to trust).
There may be benefits adjustments that should be made if the father has moved in and his presence /financial input has not been accounted for.0 -
Its genuine concern for the lad.
Best of luck then: Tell him to 'phone shelter 0808 800 4444 if he needs confirmation of anything here (they'll say the advice is right).
see also
www.shelter.org.uk
Artful0 -
A friend of mine took over a tenancy at 16 when her only surviving parent died.0
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There was a case in Solihull recently, went to court of appeal, if the ex is still on the tenancy agreement then he has the right to the home despite moving out
http://www.bailii.org/ew/cases/EWCA/Civ/2010/868.html0
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