how to become a joint tenant

donnajunkie

i already posted a thread about my issue but it was suggested i try in this section.

i currently live with my dad and want to get my name on the rent card and be a joint tenant with him. it is a council home. i just thought i would see if anyone can tell me the best way to do it rather than guessing where to go to ask and getting passed from one place to another and feeling a div when i ask the wrong person the wrong question.
there is one thing to consider and that is my mother is still on the tenancy even though she died in 1985. we did tell them but they said they wouldnt take our word for it and that we had to give them a death certificate. as they cost money we havent bothered doing that.
i want to be a joint tenant with my dad because when he dies i dont want the council to go and kick me out and force me to live in some poky one bedroom flat in some rough estate. i also think that as a second adult rather than joint tenant that we maybe losing out when it comes to them calculating things like housing and council tax benefit.

cattie

First of all you really need to check with the council to see if you do need to provide them with the death certificate to prove that your mother is deceased. They are not that expensive, only a few pounds.

I don't think you have much chance of getting on the tenancy unless you follow the correct procedure. Your local council should be able to provide you with all the info you need on the procedure for adding another adult to the tenancy after the death of one of the joint tenants.

Failing that, contact Shelter or your local CAB.

Engelbert

I am afraid that you may not be able to get a joint tenancy

1) Many councils don't give joint tenancies between parents and children

2) You can only have one statutory sucession to a tenancy. Your father has already suceeded to the tenancy if they take your Mum off (joint to sole tenancy counts as a sucession). They are unlikely to give you a new joint tenancy as they would be giving a new sucession right.

The council may be sympathetic towards you if anything happened to your father, BUT you would only be given accommodation suitable for your needs if anything (ie 1 bed flat).

You need to speak to your Housing officer who will be able to give you advice. Other than that CAB or Shelter are very good.

Hope that Helps

Debt_Free_Chick

I think you would need to be eligible for housing by the Council in order to get on the tenancy.

Be careful here ... your Dad's agreement might not allow him to have you live there. If you approach the Council about being added to the tenancy, you might "drop your Dad in it".

I assume you are over the age of 18?

If you are, then the Council may have no obligation to house you and they would simply take the view that you should "look after yourself".

i want to be a joint tenant with my dad because when he dies i dont want the council to go and kick me out and force me to live in some poky one bedroom flat in some rough estate.

Whether or not you agree with it, that's the way it is. If you are deemed to be in a position to fend for yourself, then you must do that (as far as Council housing is concerned). Of course, you might be eligible for Housing Benefit, but this would only assist you with paying the rent (and possibly Council Tax)

There are likely to be people in greater need than you, I'm afraid. And your parents having been eligible for Council housing does not give you the right to the same - sorry.

donnajunkie

thanks everyone.
i guess i should have given more detail. i am not currently homeless or anything like that. i do already live with my dad and the council do know that. i am simply aware that i would have less rights if my dad was to die, to stay were i am. i am also aware that the rules surrounding council tax and housing benefit are silly. for example if my dad was by himself and getting full housing benefit. he would pay around £4 a week rent. however if i am there and also qualifying for the maximum housing benefit they would add another £7 roughly simply because that is the rule regarding a second adult living in the home. with council tax if the tenant is unemployed and gets a job they still get council tax benefit for the first month but if a second adult gets a job they dont still get council tax benefit for the first month in work. so i figure if i am also a tenant then these unfairnesses that happen to me as a second adult wont happen any more.
back to my details, i am well over 18 years old and me, my dad and my mother moved into this house when i was 2 years old and we have lived here ever since, except of course for my mother who passed away in 1985.

it has occurred to me that if they didnt let me be a joint tenant then i could just let them continue to think my mother is here if my dad died. we did tell them straight away after she died. so we havent hidden anything. i could just plead ignorance. of course it is a very dodgy strategy but i would be desperate if such a situation comes about.

dolce_vita

donnajunkie wrote: »

it has occurred to me that if they didnt let me be a joint tenant then i could just let them continue to think my mother is here if my dad died. we did tell them straight away after she died. so we havent hidden anything. i could just plead ignorance. of course it is a very dodgy strategy but i would be desperate if such a situation comes about.

You've got that right.

moneysavinmonkey

I can see why you would want to stay in your dad's home and why you feel you are entitled to it but surely for the council to put you on the tenancy you would have to demonstrate a genuine need...

are you on benefits/low earnings/have family etc? you didn't mention why you needed a council house! That is going to be the more important thing to the council rather than that your dad had a council house.

donnajunkie

dolce_vita wrote: »

You've got that right.

well you know its there rules that would cause it. we have told them and if they say they will continue to assume she is alive and living here until we buy a death certificate then i think legally they are also on shaky ground. we are not gaining financially in any way due to it.

donnajunkie

moneysavinmonkey wrote: »

I can see why you would want to stay in your dad's home and why you feel you are entitled to it but surely for the council to put you on the tenancy you would have to demonstrate a genuine need...

are you on benefits/low earnings/have family etc? you didn't mention why you needed a council house! That is going to be the more important thing to the council rather than that your dad had a council house.

it is not just my dads home. i have lived here since i was two years old so i see it as my home too. while it is a house it does only have two bedrooms. many of the flats that they may move me to only have two bedrooms. i am on a low income so i wouldnt be able to afford any costs related to moving. i dont have any dependants though.

dolce_vita

I understand that you feel you have a right to remain in the house but tThe thing is, where does it end?

What about when letters, benefits etc start to be sent to the house.

What will you do then?

Will you be tempted to impersonate your mother and pretend she is still alive?

You would be on a very slippery slope then.

moneysavinmonkey

donnajunkie wrote: »

it is not just my dads home. i have lived here since i was two years old so i see it as my home too. while it is a house it does only have two bedrooms. many of the flats that they may move me to only have two bedrooms. i am on a low income so i wouldnt be able to afford any costs related to moving. i dont have any dependants though.

can't say i really understand your perspective. Until recently I had lived in my parents house since I was about 4 or 5 but I don't believe I have some kind of entitlement to live there forever because of this. Regardless of my opinion, you say you have a low income and therefore have a 'need' for subsidised housing, it would obviously be preferable for you to remain in your dad's house.

I think best to speak to you council about it. If you need/want more advice before you speak to them then call shelter. Don't pretend your mother is still alive - you'll probably end up getting you and your dad kicked out your house.