how long do my children have to stay with me to keep my council tenancy?

glitter123

Whilst I have some sympathy with the OP the facts are that lots of families who need social housing are living in overcrowded properties and the council must be fair to everyone.

I understand you would like your children to continue to come to the house they are familiar with but they've effectively already moved somewhere else and wherever you live I think that seeing you and your relationship with them will be far more important to them than the house they sleep in. Children are very resilient when it comes to where they live, especially as young as yours are.

I assume that the council are negotiating with you to find a suitable smaller home?

poorlittlefish

Poppy9 wrote: »

Have you thought about asking the council if you qualify to buy the house from them under the right to buy scheme?

In order to be eligible for the Right to Buy you have to be a secure tenant and if there is a joint tenant then they must also sign the application form, even if to say they do not wish to buy. The Council is within its rights to insist you are under-occupying, but providing you are still the secure tenant, even if only until they find you somewhere else, you are still able to apply to buy. This will stop should the Council obtain a Court Order telling you that you have to leave your home.

We have a case where a woman's father died and she was granted succession of a 3-bed house, despite obviously under-occupying. Alternative 1-bed accommodation is being sought for her but in the meantime she has applied to buy and if that goes through before the case gets to court then she gets the property.

lanavdt

nashd wrote: »

i dont see the point in moving me into a 1 bed flat, then 2 years down the line re housing me to a property that fits my needs because of the children being at an age where they have to have a seperate bedroom each to sleep in.

Hi this post sounds to me like you're speaking about getting rehoused by the council. You're going to be so low down on their list that you'd be better off private renting.

vintagebrighton

nashd wrote: »

can someone please help me with any advice please

how long do my children have to stay with me to keep my council tenancy?

i currently have a joint tenancy with my ex partner in a 3 bedroom council property.

unfortunately she has left with the 2 children...son aged 5 and daughter aged 3 (4 next month).

because she has removed herself from the joint tenancy i now have to vacate the property as im told its too big for 1 person.

but i have my children over practicaly every day after school and over night from friday til sundays.

is this enough to let me keep the tenancy on my own or do they have to stay for more nights that 2 a week?

This is a secure tenancy so there are only certain criteria for evicting you from the property. What is the legal position? Has your ex served notice on your tenancy? Has the council started eviction proceedings? Only a court can order your eviction so I'd get advice from a housing specialist ie Shelter on which way to go. I think it's also relevant where your ex is being housed now and whether she's made an application to the council herself. It's very messy legally but the council can't evict you without a court order even if you're technically under occupying. Are they still accepting your rent or have they stated on any letters that you're a 'trespasser'?

All the other stuff about whether or not you're entitled to the house as a working man etc is irrelevant as you have a secure tenancy. It's the legal position now that's relevant.

Graham_Devon

As has been said before, it's not what the OP wants to hear, but there is no longer a secure tenancy as far as I understand it. The ex partner ended that when she left it.

It's unfair to suggest he should have left the home himself to keep the kids in their "home". We don't know the situation. His ex could have left to live with someone else for all we know.

The situation now is that the place IS too big, the secure tenancy has ended AIUI, and it's time to let someone else in need make use of that home.

No dad get's special treatment if the kids don't live with them in this country. This is no different. If the OP was the main responsible parent, then the situation would be very different. It sounds however like the OP IS the resident parent, if he has them every night after school and all weekend.....

Need to sort that situation out. If you feel you are the resident parent, sort that out and you'll probably keep the house. However I'm not sure how many truths are written on this thread due to the aggressive nature of the OP's post.

Soot2006

i dont see the point in moving me into a 1 bed flat, then 2 years down the line re housing me to a property that fits my needs because of the children being at an age where they have to have a seperate bedroom each to sleep in.

For many renters two years of security would be bliss. My husband and I moved on average every 18 months and although we met some strange characters we never have any landlord from HELL and the moves were always amicable and without tooo much stress. Two years in a smaller flat, saving money to move to a more suitable location at a later date. Surely that's life?

vintagebrighton

If it's a joint tenancy then either tenant can keep it going if the other hasn't served notice to end it or the council haven't served notice. Either way a court order is needed for eviction.

A lot of posts are confusing the legal position with a 'moral' position.

puddy

but in order to get the tenancy in his own name he needs to transfer the tenancy from a joint one to a single one just for him. they are allowed to make one change (this would be the final change, so no changing to joint again if the bloke gets a girlfriend/wife) but it seems that the LA wont be allowing him to change the tenancy for this into his own name because they say that he is over accommodated, which he is

they may move him to a one bed and the kids will have to sleep in the living room when they stay

vintagebrighton

puddy wrote: »

but in order to get the tenancy in his own name he needs to transfer the tenancy from a joint one to a single one just for him. they are allowed to make one change (this would be the final change, so no changing to joint again if the bloke gets a girlfriend/wife) but it seems that the LA wont be allowing him to change the tenancy for this into his own name because they say that he is over accommodated, which he is

they may move him to a one bed and the kids will have to sleep in the living room when they stay

Of course, which was why I was asking what the position is now ie papers from the council, notice from his wife etc. The OP can't get proper advice if he doesn't clarify these points. And yes, he may still end up with nothing or in private rented but even the council have to follow proper procedures.

twirlypinky

Seems to be a no brainer for pretty much everyone except OP.

I'm sorry you're in this situation, i'm very sad for you, it's a sucky situation to be in. But your council home is for people who need the space ALL the time.

The "this is my home and where the children grew up" theory is null and void. I grew up near Sevenoaks in Kent - i would never expect to afford to live their now, and i certainly wouldn't expect the council to house me there. Don't you think that if that was the case everyone would suddenly create family links in Park Lane, London or Cornwall, etc?? I've just realised that i spent some of my youth in Tenterden, i simply MUST have the tax payer pay for me to live there now!

council housing is for those who REALLY need it, not just want it. Heard the phrase beggars can't be choosers? If you want the tax payer to house you, then you accept their rules. End of.