Assured social housing tenancy but looking at going to Canada for two years

HampshireH

It is highly unlikely any HA or Council will allow you to retain a tenancy and live abroad for two years 

Your social housing must be your main and principle home. Most state not to be absent over 30 days. It won't be your main a d principle home if you aren't living there.

elsien

I just checked the local housing association and the tenancy agreement does refer to the property being your only home, and the right to enter the property and end the tenancy if they believe it’s not your principal home. They also asked to be informed in writing. If you’re going to be a way longer than three months presumably so they can check that you’re not living elsewhere. You need to check your tenancy but I’m fairly sure it will say something similar.
It’s also possible that if your home is left empty for two years, someone will report it at some stage.
Subletting  it when you’re not there to check what’s happening is  potentially asking for trouble, aside from giving the housing association another reason to check you out.

In terms of anyone noticing if you were renting it out to someone else,  that may well depend on where you live. I have reported subletting tenants in a neighbouring property to a private landlord before now because they were blasted nuisance and I just wanted them out.

_Penny_Dreadful

fdfadsgrfg said:

Hi all, I've been trying to go to places for advice but am still trying to figure out an answer, so I'm hoping someone can help me. 

I'm a social housing tenant with an assured tenancy and live in London. I learned about the two-year residency program in Canada and want to go. I earn enough to live comfortably as a social housing tenant but in the private market I wouldn't be able to survive. 

I'm a university graduate but I've been doing a lot of research about salaries Canada pays me for someone in my field and I found most areas I want to live in pays about $80,000 CAD a year. I've done a lot of calculation and during those two years I will be able to pay my own rent. 

My question is would I be able to live in Canada for two years and keep my assured social housing? I'm not on any benefits but I understand I need to inform HMRC.

It’s almost certainly a breach of your tenancy terms if the property ceases to be your main residence which will be the case whilst you’re living in Canada. It’s not just the rent you’d need to pay if you decide to go to Canada without ending your tenancy as you’ll get hammered with council tax on an empty property too. However, I suspect you’ll be willing to add council tax fraud to your list of misdemeanours. 

Murphybear

la531983 said:

Also leaving it empty for two years would certainly breach the terms of any home insurance, as well as running the risk of frozen pipes in winter. 

Plus the risk of squatters if you leave it empty for so long.  

Jude57

I live in a Housing Association flat and it's very likely that the OP's landlord will find out they aren't living there if the property is left unoccupied. For a start, there are the Statutory duties placed on social landlords to carry out regular safety checks for gas and electrical installations. I know that my landlord takes such duties very seriously and have myself been 'threatened' with forced entry to carry out such checks when I was unavoidably working away from home from Monday to Friday and couldn't be there to let the tradesmen in. I ended up having to take annual leave but the tone of the letters I received made no bones about my duties as a tenant and that my tenancy was at risk if I failed to meet those duties. OP would have to have someone closely monitoring their mail to be aware of impending safety checks . In my case, such letters are hand delivered so mail redirection wouldn't work here.

Subletting without written permission is also fraught with potential problems. What if the sub-tenant is a nightmare neighbour and other tenants complain about them? Again, my landlord takes such complaints seriously and follows up rigorously. What if neighbouring tenants report either the unoccupied property or the sub-tenant to the landlord? Neighbours see more than we think and may just think either course of action is unacceptable.

As difficult as it may be for the OP to find suitable, affordable accommodation on return to the UK, I'm firmly in the camp of doing the right thing and it's not just a moral decision. It's also a legal one if, as I'm certain it will, OP's tenancy agreement has specific terms about occupancy and sub-letting.

deannagone

Yes, I am in social housing and certainly the council expect me to be in for Gas safety checks and other things at least two or three times a year.  It would be noticed if I wasn't living in the property.  

Bigphil1474

OP, social housing is really for people who need it i.e. can't afford private renting or ownership. As you are planning to be out of the country for 2 years, you don't need it. TBH it sounds like you are taking the p**s. Personally, I'd say you have 2 choices - work in Canada or stay in your flat.

Asimovs_nightfall

I heard today on BBC R4 You and Yours that anyone who sublets social housing without permission from the landlord, which would be unlikely, would be breaking the law, the Prevention of Social Housing Fraud Act 2013.  Otherwise, I can't offer any advice.  

Alderbank

Two years is quite a long time but it is by no means automatic that you would have to give up your tenancy provided you are able to pay the rent. Talk to your local housing manager. It depends on the circumstances, a long holiday might not be allowed but extended periods overseas for study or employment can usually be accommodated. After all if your 'holiday' was at his Majesty's pleasure you would be able to keep your tenancy and move back on your release.

This topic has arisen before.
In a previous thread a very knowledgeable and experienced poster @CKhalvashi said 'With permission and on a time limited basis, theoretically it will be possible. This basis is normally for a maximum of a year from experience as an advisor. 
I am not experienced with the newer 5 year tenancies, and as this is what you're likely to be offered, I do not know the answer to this. It may also be HA-dependent, as again, my experience is with a limited number of the larger groups.'

CKhalvashi

Alderbank said:

Two years is quite a long time but it is by no means automatic that you would have to give up your tenancy provided you are able to pay the rent. Talk to your local housing manager. It depends on the circumstances, a long holiday might not be allowed but extended periods overseas for study or employment can usually be accommodated. After all if your 'holiday' was at his Majesty's pleasure you would be able to keep your tenancy and move back on your release.

This topic has arisen before.
In a previous thread a very knowledgeable and experienced poster @CKhalvashi said 'With permission and on a time limited basis, theoretically it will be possible. This basis is normally for a maximum of a year from experience as an advisor. 
I am not experienced with the newer 5 year tenancies, and as this is what you're likely to be offered, I do not know the answer to this. It may also be HA-dependent, as again, my experience is with a limited number of the larger groups.'

Temporary and time limited study is different from a speculative move abroad where an individual wants to maintain a backup plan, as is likely to be deemed the case here.

I see no merits for an application to succeed in this case, the case in the thread you mention may or may not have done and from experience would have depended on the policies of the HA in question.

The original thread, for context, is here.
https://forums.moneysavingexpert.com/discussion/comment/78312561#Comment_78312561