Council flat dilemma

Beckyy

Does your ex want the flat back at all?

dorset_nurse

I would be careful listening to some of this advice, if you stop paying rent and end up with a CCJ you may be denied credit in future. I would not want a tennant that had to be evicted through the courts from their last place.
Look at a HMO or sharing with a landlord, as others say above. Its cheaper and will allow you to save- maybe to buy at some point.
Age is irrelevant... one of my tennants is 49 and quite happy sharing with 2 other people. He is also saving to buy after a change of circumstances.

squinty

Johnfinch wrote: »

Hi

Does anyone have any idea of what could happen?

Cheers

John,

The tenancy is in the name of your ex. She has illegally sub-let the flat to you and you have no right to remain.

The issue about paying the rent is largely irrelevent. By not occupying te flat as her only or principal home she has boiken the terms of the tenancy and despite what others have implied the council can quickly take action to gain possession. You have no legal claim.

Mickey54 is wrong about the tenancy - you have explained the tenancy is in her sole name, and a secure tenancy cannot be assigned apart from in a few situations that are prescribed in law. None of which apply in your case (If you were a joint tenant things would be different)

The council could speak to your ex and ask her to surrender the tenancy, they could then get you out in a matter of days.

If this involves taking you to court, the council could seek to recover all costs from you.

I realise this is not what you want to hear, but I want to make it clear that things could move quickly

I strongly recommend that you start to look for alternatives now. If there is a Housing Aid Centre locally they may point you in the right direction. Otherwise some councils do operate bond schemes to help with deposits. Also, you could try the council for getting your own flat - demand for council accommodation, especially flats, varies considerably across the country so this may not be possible.

Good luck

mickey54

squinty wrote: »

John,

The tenancy is in the name of your ex. She has illegally sub-let the flat to you and you have no right to remain.

The issue about paying the rent is largely irrelevent. By not occupying te flat as her only or principal home she has boiken the terms of the tenancy and despite what others have implied the council can quickly take action to gain possession. You have no legal claim.

Mickey54 is wrong about the tenancy - you have explained the tenancy is in her sole name, and a secure tenancy cannot be assigned apart from in a few situations that are prescribed in law. None of which apply in your case (If you were a joint tenant things would be different)

The council could speak to your ex and ask her to surrender the tenancy, they could then get you out in a matter of days.

If this involves taking you to court, the council could seek to recover all costs from you.

I realise this is not what you want to hear, but I want to make it clear that things could move quickly

I strongly recommend that you start to look for alternatives now. If there is a Housing Aid Centre locally they may point you in the right direction. Otherwise some councils do operate bond schemes to help with deposits. Also, you could try the council for getting your own flat - demand for council accommodation, especially flats, varies considerably across the country so this may not be possible.

Good luck

ouncil tenancies
Council tenancies can only be passed on once by succession or assignment. For example, after one joint tenant dies and her/his rights are transferred to the surviving joint tenant by succession, it will not be possible for the tenancy to be assigned to anyone else.

If there has been no previous succession or assignment, secure council tenants can only assign their tenancy to certain people - no one else will qualify. The only people who you may be able to assign your tenancy to are:

your spouse or registered civil partner, as long as s/he is living with you
another member of your family (this includes cohabiting partners, children, parents, siblings and most other close relatives), as long the person you want to assign the tenancy to has been living with you for at least one year.

The OP is/was a co-habitee. Tenant is not sub-letting..he was already there as a Qualifying Occupier.

Also - very similar conditions in Scotland - if OP is from there!!!

squinty

Mickey,

Sorry, but I think you are wrong.

I understand you argument that s91 (3) (c) (1985 Housing Act) allows an assignment to someone who is qualified to succeed, but the OP is not qualified to suceed.

i.e. S.87 lists who is qualified to succeed, either spouse or civil partner (which does not apply as tenant was GF) or other member of family who have resided with tenancy for past 12 months (OP is not a fammily member, nor have they lived together for past 12 months)

Not familiar with Scottish Law, but think the Scottish secure tenacy actually makes this much easier.

theartfullodger

If OP is from Scotland it appears the tenancy MAY be assigned to him see..
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/council,_housing_association_and_housing_co-op_tenancies/your_rights_as_a_scottish_secure_tenant#8

You can sign over your tenancy to anyone who has lived with you and has used the property as their main home for the past six months or more. This is called assignation.

But if he is in bonnie Scotland I hope the council can find reasons not to..

Cheers!

Dontknowanymore

theartfullodger wrote: »

If OP is from Scotland it appears the tenancy MAY be assigned to him see..
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/council,_housing_association_and_housing_co-op_tenancies/your_rights_as_a_scottish_secure_tenant#8



But if he is in bonnie Scotland I hope the council can find reasons not to..

Cheers!

Why do you hope??

theartfullodger

Dontknowanymore wrote: »

Why do you hope??

I hope that a prospective, waiting tenant who has followed the processes and abided by the rules gets the place rather than this gentleman, who appears by his behaviour for some months to have no interest in sticking to such rules. Apologies for being blunt but that's my view, others may hold differing views.

Cheers, and best wishes to all, including those who disagree with me..!

mickey54

squinty wrote: »

Mickey,

Sorry, but I think you are wrong.

I understand you argument that s91 (3) (c) (1985 Housing Act) allows an assignment to someone who is qualified to succeed, but the OP is not qualified to suceed.

i.e. S.87 lists who is qualified to succeed, either spouse or civil partner (which does not apply as tenant was GF) or other member of family who have resided with tenancy for past 12 months (OP is not a fammily member, nor have they lived together for past 12 months)

Not familiar with Scottish Law, but think the Scottish secure tenacy actually makes this much easier.

The part in English Housing - does allow a co-habitee to have the lease assigned to them - so long as they have been in the property for 1 year. ( This is from Shelter Website)...OP - may I suggest that you contact shelter for assistance.