Council Tenancy Succession

AnnikaBengzon

I have a secure sole council tenancy and live with my 20 year old daughter. My tenancy had started in 2011 and would have the succession rights (tenancy started before 2012) and could be transferred to my daughter if I die providing that she is living with me when it happens. If I now move to another council property either through the home swap or a council transfer and my daughter continues to live with me, will the right for succession be lost with the new secure council/housing association tenancy and would it be counted as started after 2012 when the rules changed?
Can I add my daughter now to my current tenancy and have it as joint tenancy?
Please advise!

xylophone

Please advise!

Ask the council?

BlackBird75

AnnikaBengzon wrote: »

I have a secure sole council tenancy and live with my 20 year old daughter. My tenancy had started in 2011 and would have the succession rights (tenancy started before 2012) and could be transferred to my daughter if I die providing that she is living with me when it happens. If I now move to another council property either through the home swap or a council transfer and my daughter continues to live with me, will the right for succession be lost with the new secure council/housing association tenancy and would it be counted as started after 2012 when the rules changed?
Can I add my daughter now to my current tenancy and have it as joint tenancy?
Please advise!

I would check with Shelter, CAB and the council / HA you are considering moving TO, before making any commitment to move.

Succession is well worth considering and like most things in the UK (e.g. pensions etc), the changes the government makes only get worse for the people as time goes on...

AnnikaBengzon

I have asked my council but they are not sure if succession rules are the same for a every council / HA. Yes, the government does make it worse with every passing year ..!

Cheeky_Monkey

So if your Council themselves are not sure, don't quite know why you think anyone on here would know.

Have you asked the Council/HA in the area that you are hoping to move to?

[Deleted User]

It would depend on the type of tenancy you are given. If not with the same council/housing association you could get a starter tenancy meaning you start fresh, no rights.

weather83

I've done some work with a Local Gov council housing team before. I really recommend you call the council housing depts in your current council and the one you want to move to. My thoughts are below, but they're just a (semi-educated) guess.

I suspect if you transfer, you'll be given a new introductory tenancy so will lose your secure tenancy and your current right of succession.

It's also quite hard to transfer, especially if you're moving somewhere with a lot of demand. You'll basically be on the same housing waiting list as everyone else in your new council area. If you're both working age and able, without any additional needs, there are going to be a lot of people ahead of you. Possible exception if you're currently in a large house and are willing to downsize. A swap might be a better bet.

I think a joint tenancy will be very problematic. The council I worked with only really granted joint tenancies to married couples/civil partners, and were generally reluctant to do it because it often caused problems for tenants further down the line.

If your daughter is planning to live with you forever, a joint tenancy might be OK, but if, at some point, she wants to move out and rent/buy somewhere else, I'm not sure where that would leave your joint tenancy. If she ever decides she wants out of your joint tenancy, it will end the tenancy for both of you - you will lose your home.

Talk to the councils and get legal/CAB/Shelter advice.

HampshireH

It would depend on the type of tenancy you are given. If not with the same council/housing association you could get a starter tenancy meaning you start fresh, no rights.

This should not happen. If it does I would challenge it. Starter tenancies are designed for people who havent currently got a social/ affordable assured tenancy.

If you move to another HA you should get an assured tenancy (not secure).

If you MX that isnt normally allowed on a starter/probationary tenancy.

If you swap with someone on a fixed term you need to investigate more as this is more complicated as to what sort of tenancy you could get and how long it may last.

In ALL circumstance you would need to ask the HA/council what your rights would be and what their policy is

HampshireH

*Note if your moving county they *may* have grounds to give you a starter tenancy. Still seems unfair and a lot of places don't

BlackBird75

weather83 wrote: »

I've done some work with a Local Gov council housing team before. I really recommend you call the council housing depts in your current council and the one you want to move to.

I think a joint tenancy will be very problematic. The council I worked with only really granted joint tenancies to married couples/civil partners, and were generally reluctant to do it

Not relevant to this case at the moment, but:
I seem to recall the law stating that marriage provided a definite right to a joint tenancy. This was for all council, MQ, water board, police housing etc.
This was a few years ago though - civil partnership etc wasn't even invented then.
May have changed now.

Cheeky_Monkey

[QUOTE=weather83;74870722If_your_daughter_is_planning_to_live_with_you_forever,_a_joint_tenancy_might_be_OK,_but if, at some point, she wants to move out and rent/buy somewhere else, I'm not sure where that would leave your joint tenancy. If she ever decides she wants out of your joint tenancy, it will end the tenancy for both of you - you will lose your home.

Talk to the councils and get legal/CAB/Shelter advice.[/QUOTE]

Call me an old cynic, but I think that's highly unlikely. They're more likely thinking along the lines of RTB for the daughter.