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Where do i stand - council tenant

I have lived in the same council rented property all my life (im 37 :) ).

My parents are named on the rent book but they split up nearly twenty years ago and my mum moved out.

In the years that followed my dad met someone new and moved out to live with them.
Since then i give him the money each month and he pays the rent.

We tried contacting the council a few years back about adding my name to the rent book but they said they do not allow that.

So do you think i have some claim to the property? can they chuck me out?
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Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If your father and mother are on the rent book then they are the tenants, no one else.

    Dont know whether to suggest you either just keep your head down or ask the council for advice.

    As far as Im aware though you have no rights whatsoever,
    hope someone else can come along and help.

    Do you work, could you afford to rent privately.
    How big is the house, 2 -3 berooms.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm afraid I don't know the answer either, but it might help others to help you if you say where you are - the rules in England and Scotland are different.
  • Matt1977
    Matt1977 Posts: 300 Forumite
    OP, I would probably come clean about the situation in respect to your parents no longer living at the house.

    There is a slight chance that the council may let you have the house in your name. More likely, the council may let you rent one of their flats but they will want the house back to re-let to a family in housing need.
    Generation Rent
  • Hump
    Hump Posts: 519 Forumite
    Part of the Furniture
    (Assuming you're in England) If neither joint tenant is residing at the property and they are allowing you to live there in consideration of a rent then you are effectively a sub-tenant. Problem is that Council tenancies do not permit 'sub-letting' the whole property. Expect the Council to consider serving notice on the tenants and seeking possession of the property - especially if you live in a popular area.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    Your best bet is probably trying to get your dad to purchase it under right to buy. Then he can lie to the mortgage company about living there rather than the council and you can build some equity in a property you would never qualify for under an individual application.
  • t0rt0ise
    t0rt0ise Posts: 4,488 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you were to stay there saying nothing, when your parents die you could take over the tenancy, presuming it hasn't been handed on in the family before.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 June 2011 at 9:38AM
    t0rt0ise wrote: »
    If you were to stay there saying nothing, when your parents die you could take over the tenancy, presuming it hasn't been handed on in the family before.

    Wrong I'm afraid, the tenancy is only allowed to pass once, hence if mother died it would pass to father, father died, son/daughter out.
    The occupant isnt on the rent book anyway so it wouldnt apply
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • t0rt0ise
    t0rt0ise Posts: 4,488 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 10 June 2011 at 10:50AM
    McKneff wrote: »
    Wrong I'm afraid, the tenancy is only allowed to pass once, hence if mother died it would pass to father, father died, son/daughter out.
    The occupant isnt on the rent book anyway so it wouldnt apply
    Okay I've now looked it up and it's true that if it was a joint tenancy in the names of both parents then when one dies the other succeeds the tenancy and that's that. If however the tenancy was actually in only one of their names and they die, the OP could succeed the tenancy.

    The occupant, the OP, doesn't have to be on the rent book (strange term), he just has to have lived in the property for a year before the death.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The occupant, the OP, doesn't have to be on the rent book (strange term),

    :rotfl::rotfl:

    Its probaly because being in my early sixties now we were brought up in our childhood when mum actually had a rent book which was marked with the payment when the rent man came around each week to collect it.

    I remember, even in my twenties having a rent book when rent was physically collected.

    The term has stuck with many people.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • teeni
    teeni Posts: 1,193 Forumite
    actually with no tenant living at the property as their sole home the authority can issue possession proceedings on grounds of abandonment against the tenant and tresspass against the son who is resident the whole situation is wrong.
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