Changing/adding name to council tenancy....without currently living in the property??

dantheman2010

Hi all

I wasnt sure where to post this so I thought this section may be best.

My partners mum has a council house which is a lot bigger than the house we own and she is planning on emigrating to Australia in a couple of months and has asked us if we wanted to put our name down on the tenancy and move in.

I have done a little bit of reading and it doesnt seem like its as straight forward as that.

She has said she can add my partner to the tenancy, she could then move away to Australia, leaving herself on the tenancy then after 12 months thinks she could remove her name and we (my partner) would be the sole name on the tenancy. Is this possible?

Just the "lie" about her mum still living there although she would actually be in Australia just set alarm bells ringing in my mind.

I wouldnt want to sell my house, move in, spend some money on doing it up to our taste and then get kicked out or once my partner becomes the sole name on the tenancy it be reviewed and we get downsized for being in a house bigger than our needs.

Just after a bit of advice as it is a bigger place with an affordable rent and once we have spent a bit of money on the decor would be a lovely place for us to raise our daughter giving us some much needed extra space but I just thought I would see what the process/legalities/problems/issues etc etc may be.

It may not even be possible.

Thanks in advance

JenJen70

It certainly wouldn't be possible in the Local Authority I work for.

Firstly, your partner would have had to have been living in the property for at least 12 months and be able to prove this before adding his name to the tenancy would even be considered.

Secondly, if he did have his name added to the tenancy that would be the one and only succession that is allowed meaning once it was disclosed his mother was no longer living there you would more than likely be made to leave if the house had more bedrooms than you are classed as needing.

Fire_Fox

Your partner needs to already be living there and the mother needs to continue living there. Otherwise you are committing fraud which is clearly a serious issue. The council can and do find out who the residents are, they can look at council tax records, voters roll, benefits records, ask you to bring in bank statements for addresses, even send undercover investigators to watch the house.

squinty

Thankfully this is not possible.

For England and Wales (different rules in Soctland) it is not possible to assign a secure tenancy apart from a very few circumstances that are prescribed in law (1985 Housing Act). None apply in your case. Therefore it is not possible to add your name to the tenancy.

Even if it was, and you were joint tenants, you cannot just take a name from a tenancy (again except in a few circumstances that are in law) - the only way to do this would be for mum to end the tenancy - this would end the tenancy of behalf of all joint tenants (ie your tenancy would end)

JenJen has got it a bit wrong - an assignment is not the same as a succession.

Out of interest - has the tenancy always been in the sole name of the mother, or has it been a joint tenancy at any time in the past?

If you did try this,I suspect the Council would not have to check the electoral register etc - in most areas the neighbours, or others who have been waiting for accommodation will infom the Council more quickly. Under new legislations this is likely to also be a criminal act (think this is just a bill at the moment)