Two people in a housing association studio flat

Hall7777

My partner moved in recently but isn't an official tenant as the housing association limit it to one tenant due to the size of the flat. We've been applying to other housing associations but only get a small amount of points due to overcrowding, so it could be a long wait. I've not yet told my current housing association about the situation. Can they kick her out?

Cheers

theartfullodger

What does your tenancy agreement say about other people living there?? I can't read it from here, sorry....

If the tenancy says nobody else permitted to reside then they don't kick her out they kick you both out for breaking tenancy.. But they have to go to court to do so & would probably fail as long as she has gone...

What sort of tenancy agreement do you have ?? There are several options for HAs..
http://england.shelter.org.uk/get_advice/social_housing/housing_association_tenancies

Hall7777

It's a Scottish secure tenancy.

It says you are entitled to have members of your family occupying the house with you as long as this does not lead to overcrowding. Going by the Scottish government website, we are not actually overcrowded legally.

Poppie68

You may of shot yourself in the foot...Applying to other HA on the grounds of overcrowding if your tenancy agreement only allows for one person to be resident in your current place...This will be disclosed at some point to your HA either sooner or later and may invalidate your new application while losing your current tenancy.
Private let's maybe your only option?

Hall7777

Yeah I thought we might need to go down the private let route.

Is there any point telling current housing association the situation? I mean would they really be quicker to evict than rehome?

missbiggles1

Hall7777 wrote: »

Yeah I thought we might need to go down the private let route.

Is there any point telling current housing association the situation? I mean would they really be quicker to evict than rehome?

I doubt they're going to reward you for breaking your tenancy agreement by giving you a larger property.

RAS

Hall7777 wrote: »

It's a Scottish secure tenancy.

It says you are entitled to have members of your family occupying the house with you as long as this does not lead to overcrowding. Going by the Scottish government website, we are not actually overcrowded legally.

So it appears that you are not actually breaking the tenancy rules (although maybe stretching the definition of "family"). I suspect the clause is there to prevent those in social housing moving other people in and then asking for an upgrade.

theartfullodger

Hall7777 wrote: »

..Going by the Scottish government website, we are not actually overcrowded legally.

Best source for info is here,,,,
http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/other_housing_problems/overcrowding

floor area 110 square feet = 2 people can sleep there.

What size is the bedroom?? However sitting room also counts..

Why not approach your existing HA?? If you've a good track record they might be helpful.

If you want somewhere bigger there's nothing to stop you renting a larger private place.

Hall7777

Thanks for responses.

Yeah it's way over 110. So legally we are not overcrowded. In fact, it doesn't state anywhere in the tenancy agreement that it's 1 person to a studio flat. The only place this was stated was in an email reply to an enquiry I sent them.

davidmcn

Hall7777 wrote: »

In fact, it doesn't state anywhere in the tenancy agreement that it's 1 person to a studio flat. The only place this was stated was in an email reply to an enquiry I sent them.

What was the enquiry and what was the answer? They can't unilaterally incorporate new conditions into your tenancy agreement.

Hall7777

I asked how I can add someone to tenancy and they said I can't as studio flat is for one person only