Can you be a co-tenant (housing association) & privately rent...?

DMurf7319

Good morning

1st time poster here!

Am currently living with my partner as a co-tenant in a housing association property and sadly due to some personal issues it looks like I may have to leave the property soon.

But can I privately rent whilst we sort out myself coming off the HA tenancy?

Not sure of the legality and have googled it but found not a lot!

Many thanks

gwynlas

I cannot think that there would be a question of legality in taking on a private rental. You and partner must have gained HA tenancy through need and that probably still exists for one or both of you who cannot afford private rental. Relationship difficulties mean that you are moving out and in time might relinquish your tenancy. There might be a written request in tenancy to inform them of a change in circumstances but unless your partner is in a position to also afford private housing I cannot see HA making them homeless. You do no say if there are any children involved

user1977

Can't think what the problem would be, especially if any overlap is just while you're in the process of moving.

theartfullodger

You can have many Tenancies as you wish -eg 17 - but only 1 can be your primary residence (ie maybe the private tenancy which says it's an AST might not be). 

Unless the HA tenancy has a restriction (if so not sure it would be enforceable).

...

user1977

theartfullodger said:

You can have many Tenancies as you wish -eg 17 - but only 1 can be your primary residence (ie maybe the private tenancy which says it's an AST might not be). 

Unless the HA tenancy has a restriction (if so not sure it would be enforceable).

I would expect most tenancies do have such a restriction, especially for social housing (for what other reason would you be renting it?), but if it's a joint tenancy and the only "breach" is one partner moving out (prior to having the tenancy formally transferred to the sole name of the remaining tenant) it seems academic.

theartfullodger

user1977 said:

theartfullodger said:

You can have many Tenancies as you wish -eg 17 - but only 1 can be your primary residence (ie maybe the private tenancy which says it's an AST might not be). 

Unless the HA tenancy has a restriction (if so not sure it would be enforceable).

I would expect most tenancies do have such a restriction, especially for social housing (for what other reason would you be renting it?), but if it's a joint tenancy and the only "breach" is one partner moving out (prior to having the tenancy formally transferred to the sole name of the remaining tenant) it seems academic.

Perhaps, for social housing  but have you ever seen such a restriction?.  I've NEVER seen a private landlord tenancy contract (England or Scotland, many different sources, over 20 years looking  at them) ever restrict a tenant from renting elsewhere.  The only one primary residence is not from tenancy agreement.

user1977

theartfullodger said:

user1977 said:

theartfullodger said:

You can have many Tenancies as you wish -eg 17 - but only 1 can be your primary residence (ie maybe the private tenancy which says it's an AST might not be). 

Unless the HA tenancy has a restriction (if so not sure it would be enforceable).

I would expect most tenancies do have such a restriction, especially for social housing (for what other reason would you be renting it?), but if it's a joint tenancy and the only "breach" is one partner moving out (prior to having the tenancy formally transferred to the sole name of the remaining tenant) it seems academic.

Perhaps, for social housing  but have you ever seen such a restriction?.  I've NEVER seen a private landlord tenancy contract (England or Scotland, many different sources, over 20 years looking  at them) ever restrict a tenant from renting elsewhere.  The only one primary residence is not from tenancy agreement.

There might not be a prohibition against renting additional properties, but if the tenancy contains a condition along the lines of "the Tenant shall occupy the accommodation as his only or principal home" (example of such a SAT here) you can't comply with that simultaneously at more than one property.