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Changing classification from 3 to 2 bedrooms

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Comments

  • Cakeguts wrote: »
    As you say that you are living with an ex partner is that correct? Are you then a lodger? If you are a lodger why does your ex partner need a 3 bed house or even a 2 bed house? It is unlikely that a council will allow a single person to live in a 3 bed house with a lodger. They have offered a 12 month temporary tenancy. If the council are legally allowed to offer this 12 month tenancy and your ex partner does not have a right to inherit the tenancy then you will be moving in 12 months time. Wouldn't it be better to spend your time helping your ex partner to move rather than trying to make it difficult for the council?

    The rights of your ex partner to continue to live in a house that doesn't belong to her have to be balanced against the rights of a family with nowhere to live.

    Most adult children don't get to stay in the family home after a parent dies because the surviving parent often downsizes. This situation has only come about because it is a council house. This house was the parent's home now that they are no longer there your ex partner has to do what lots of other people would have to do in this situation. Move.


    You seem very bitter about what the OP's ex should and shouldn't do.


    What we think is irrelevant here and if under the law the OP's ex is entitled to inherit the tenancy through succession then I believe that she should do so.


    I do think that the council might be trying to be clever here by offering the 12 month temporary tenancy because I wonder if it means that the OP's ex would then lose her right of succession???
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    Yes you are right that undersized room could take a cot or a single bed but if the OP's ex wants to stay there, she may be entitled to inherit the tenancy from her mother through succession.


    Regardless of how people feel about it the OP's ex has every right to remain where she wants as long as she does it legally and truthfully.

    You've missed the point completely. The reason the council have offered a short term tenancy is because OP does not qualify for succession, as the house is too big for their needs. They have the flexibility to allow one extra room, hence why they can bid/ apply for two bed properties, but assuming it is just the couple in the property they will not be permitted a three bed.
  • Think many are missing the point.
    We're not after being moved to a 3 bed house. This house is being classed as a 3 bed when government guide lines clearly say it isn't. Yes you could get a cot in the 3rd room, but to be honest you could probably squeeze one under the stairs too. Doesn't mean the council are right in doing so. My ex does qualify for succession as that is what has happened, but it's only temporary due to the house. And me being a lodger is irrelevant. I still live here and they need to take that into consideration when finding another house, which they are doing.
  • And they can't be that desperate for 3 bed properties, as the one next door to my parents has been empty since September!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cherry1809 wrote: »
    Think many are missing the point.
    We're not after being moved to a 3 bed house. This house is being classed as a 3 bed when government guide lines clearly say it isn't. Yes you could get a cot in the 3rd room, but to be honest you could probably squeeze one under the stairs too. Doesn't mean the council are right in doing so. My ex does qualify for succession as that is what has happened, but it's only temporary due to the house. And me being a lodger is irrelevant. I still live here and they need to take that into consideration when finding another house, which they are doing.
    #

    Government guidelines don't unless it's purely being looked at under the legislation used for overcrowding purposes (as the court case found, that description of room size is specific only to that piece of legislation). Other than than definition of a bedroom is wide-open to interpretation as it's never been fully defined, hence all the court cases a few years ago.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    The sooner they get rid of these guaranteed for life council house leases the better!. I know of so many people who are in house far to big for them and refuse to leave because it's the "family home". One example is a lady who lives in a large 3 bedroom house on her own and has done for atleast 10 years.

    They really should be basing it on need and reviewing this need every 12 months basing it on income, number of occupants etc. Being in a house for 38 years means nothing when it's not your house!.
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