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Tenancy Agreement

2

Comments

  • I am the son. There’s was only 1995 tenancy agreement until recent separation of my parents. Now housing association is trying to impose new tenancy with my dad’s name without children. They also state we are entitled one time succession which is given to my dad. Hence in the event of my dad’s death, no further succession can occur and house will be repossessed.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    I am the son. There’s was only 1995 tenancy agreement until recent separation of my parents. Now housing association is trying to impose new tenancy with my dad’s name without children. They also state we are entitled one time succession which is given to my dad. Hence in the event of my dad’s death, no further succession can occur and house will be repossessed.


    Sorry, I should have asked this early on was it a Joint tenancy, your M&D or just your mum named ?
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Thank you for your responses.

    Our tenancy reads Mr and Mrs “ our surname” and “number” children as tenants.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Thank you for your responses.

    Our tenancy reads Mr and Mrs “ our surname” and “number” children as tenants.

    Without having sight the TA, it sound like the HA are trying to pull a fast one and take away existing rights they don't want you to know about.

    Your father doesn't have to sign a New TA, they cant evict you for not signing a new TA.

    Do nothing.



    ....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    45002 wrote: »
    Without having sight the TA, it sound like the HA are trying to pull a fast one and take away existing rights they don't want you to know about.

    Your father doesn't have to sign a New TA, they cant evict you for not signing a new TA.

    Do nothing.





    ....


    You don't think that there is a possibility that when the mother left she effectively terminated a joint tenancy? If that was the case I could understand if the housing association wanted the father to sign a new tenancy because it could be that technically there isn't one at the moment or that the mother is still technically a tenant?
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Cakeguts wrote:
    You don't think that there is a possibility that when the mother left she effectively terminated a joint tenancy? If that was the case I could understand if the housing association wanted the father to sign a new tenancy because it could be that technically there isn't one at the moment or that the mother is still technically a tenant?

    No.

    Without seeing the TA, I don't think Anyone can really say.

    Their certain No compulsion to sign a new TA, they cant evict you for not signing.

    If HA are pushing the father to sign a new one, what is the HA trying to hide !

    Some HA I wouldn't trust them as far as I could see them.....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    45002 wrote: »
    No.

    Without seeing the TA, I don't think Anyone can really say.

    Their certain No compulsion to sign a new TA, they cant evict you for not signing.

    If HA are pushing the father to sign a new one, what is the HA trying to hide !

    Some HA I wouldn't trust them as far as I could see them.....


    as one of the tenants has vacated the HA can indeed ask for a new agreement to be signed showing who the actual tenant is otherwise the vacated party remains liable for any rent share
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • They don’t seems to cared about mum as rent is being paid in full. I am planning to go to CAB on Friday. We don’t want leave it and then something else happens.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Simonr66 wrote:
    as one of the tenants has vacated the HA can indeed ask for a new agreement to be signed showing who the actual tenant is otherwise the vacated party remains liable for any rent share

    They can ask farther to sign new TA, but father under No obligation at all to sign...
    They don’t seems to cared about mum as rent is being paid in full. I am planning to go to CAB on Friday. We don’t want leave it and then something else happens.

    Good luck, keep us posted ...
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Just to update, I have been to CAB and Web chat with shelter

    Shelter guy kept on saying that children cannot hold tenancy due to age. But it is not strictly true even their website say that children can be listed provided there is an adult listed. My parents were listed tenants.

    [url]Https://england.shelter.org.uk/legal/housing_options/young_people_and_care_leavers/tenancies_for_minors[/url]

    CAB said they consider our tenancy as Joint. They said that only my dad is signed tenancy, landlord may argue this point. They said that since this is a dispute, they suggest solicitor advice. As for single signature point, I found that tenancy between two parties, it does not signature of all tenants.

    But i was wondering any one knows the rules behind signatures.
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