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Why won't LA allow daughter on tenancy agreement

My daughter lives with my ex-husband, she has lived with him for most of her life. He has just rang the LA about putting her on tenancy, she receives incap. benefit & DLA so has to pay towards the rent. She has 1 child and another on the way. She can put bids in for other properties but she has spent a great deal of money decorating and the garden is ideal as it is totally enclosed. Is there any way that she can be put on the tenancy? he was told that only a spouse or partner who has lived with him for over a year can go onto the tenancy. Surely this is wrong she pays rent to the LA due to her circumstances but they will not allow her onto the tenancy. All the letters that go to the house regarding rent go in his name but its her money that it regards.
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Comments

  • By LA do you mean "Local Authority" (Council) or "Letting Agent". If Agent I think the agent is being very silly, if council is there any assignment history on this property?? I presume council as you talk about putting in bids on other properties..


    If council what do their rules, probably published on't t'InterWeb, say about changing names on tenancy agreement?? I can't read it from where I am..,
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    kazz3105 wrote: »
    he was told that only a spouse or partner who has lived with him for over a year can go onto the tenancy.

    Obviously some agent BS.

    That said, it is up to the landlord to pick his tenants so if they refuse they nothing you can do.

    If it is her that pays the rent, it would seem daft not to have her as tenant, as only then could she be held liable for unpaid rent.

    Why does she want to be down as tenant?
  • A secure council tenancy is to be treasured!!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    A secure council tenancy is to be treasured!!

    Ah yes, LA could be = Local Authority indeed!
  • Darlyd
    Darlyd Posts: 1,337 Forumite
    Council will not allow child to go on tenancy. It's so wrong. My uncle has lived with my nan all his life, he is in his 50's now. Should something happen to my nan, then he would prob get a bedsit or something. And he has lived in that house all of his life. It's really worrying.
  • elvis86
    elvis86 Posts: 1,399 Forumite
    darlyd wrote: »
    Council will not allow child to go on tenancy. It's so wrong. My uncle has lived with my nan all his life, he is in his 50's now. Should something happen to my nan, then he would prob get a bedsit or something. And he has lived in that house all of his life. It's really worrying.

    It's not as bad as the insecurity of those of us who rent privately, though. My landlord could decide to serve me notice whenever he fancied, if he wanted to sell up or move into the property himself.

    Unfortunately, if you want the security of a home for life, you have to buy one. I don't see why this rule should apply to those privately renting but not to those in social housing.

    There's only so much social housing to go around, I don't see why a married couple who's kids have all left home (or a man living alone, for that matter) should be able to remain in a 3 bedroomed council house indefinitely, when there are families with young children on waiting lists?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In fairness, if it is your ex husbands name is on the tenancy it is him who is paying the rent to the LA

    Your daughter is paying board and lodge to your ex.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • darlyd wrote: »
    Council will not allow child to go on tenancy. It's so wrong. My uncle has lived with my nan all his life, he is in his 50's now. Should something happen to my nan, then he would prob get a bedsit or something. And he has lived in that house all of his life. It's really worrying.

    And a family in need will get your nan's house and the security of social housing.
  • elvis86 wrote: »
    It's not as bad as the insecurity of those of us who rent privately, though. My landlord could decide to serve me notice whenever he fancied, if he wanted to sell up or move into the property himself.

    Unfortunately, if you want the security of a home for life, you have to buy one. I don't see why this rule should apply to those privately renting but not to those in social housing.

    There's only so much social housing to go around, I don't see why a married couple who's kids have all left home (or a man living alone, for that matter) should be able to remain in a 3 bedroomed council house indefinitely, when there are families with young children on waiting lists?

    Rather than pulling all rental property security down to the lowest denominator, why not pull the lowest UP? Repeal S21 and everybody who rents privately would enjoy a bit of added security. Wouldn't that be a more positive outcome?
  • squinty
    squinty Posts: 573 Forumite
    edited 23 August 2011 at 8:56PM
    OP the Council are right by not letting your daughter go on the tenancy agreement (and are wrong if they let spouses or partners be included).

    The law is very clear on this, (section 91 of the 1985 Housing Act if you are interested) This basically says that a secure tenancy cannot be assigned apart from in a very few prescribed circumstances. None of which apply in this case.

    Edit - this assumes the OP is in England. The law is different in Scotland
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