Wednesday, 04 March 2015

Tenancy: where do I stand?

Posted in: Discussion | On the ground

28/05/2011 3:56 pm

Unsuitable or offensive? Report this discussion

Sort: Newest first | Oldest first





Location: Banished from free speech
Posts: 192

19/12/2011 11:09 am

The other side of these questions is - why were such matters not made clear before the ballot to chose the new landlord (or was there no choice offered, and no ballot taken - so tenants were just treated like so much cattle and sold to their new owners?)

Unsuitable or offensive? Report this reply

Michael Webster

Michael Webster

Posts: 4

25/06/2011 3:03 pm

Thank you very much for your informative replies, which have made things clearer.

Unsuitable or offensive? Report this reply

Lee Page

Lee Page

Posts: 108

17/06/2011 8:39 am

The 'preserved right to buy' is not an automatic right for those tenants whose landlord transfer to an RSL. However, recognising that most secure tenants won't vote for a transfer which removes this right most RSLs offer a contractual right to purchase the property on the same terms as if the Right to Buy existed for assured tenancies.

Given this it will be dependent on ter terms being offered by the new RSL landlord. If you haven't transferred yet then ask the question and make sure it is clear in the legally binding Offer Document on which you'll be asked to vote.

If the transfer has already taken place you may need to refer back to the Offer Document and, if it isn't clear, take some advice. My view, without having seen anything, is that you'll have transferred with the same rights as if you'd remained a secure tenant and that you'll still be able to purchase on the preserved terms of the RTB after the 5 years is up.

Unsuitable or offensive? Report this reply



16/06/2011 4:18 pm

Hello. Can you answer a query I have please. If a council transfers it's stock over to a housing association but the council tenant hasn't yet accrued the five year tenancy needed to be able to right to buy does the tenant continue to gain the right to buy or is it lost? Example a secure tenant of the council of 2 years is transfered to a housing association after another 3 years of being an housing association tenant does the tenant then have the preserved right to buy? Thanks people. :)

Unsuitable or offensive? Report this reply

Expert post

Abimbola  Badejo

Abimbola Badejo

Posts: 120

15/06/2011 12:29 pm

You have just gone through a stock transfer and your questions are highly relevant. As your property has been transferred to a housing association, as a matter of law you ceased to be a secure tenant from the day that the transfer took place. You are now an assured tenant. There is nothing to be gained by not signing the new tenancy agreement which  is more likely than not to contain your most important rights like right to buy, succession, consultation, assignment and so on. So check the document carefully. The key advantage for signing is that the housing association has signed a legally binding agreement with the council that it would abide by the terms of the new enhanced assured tenancy agreement. So the housing association will respect the preserved rights in the new tenancy agreement.

Unsuitable or offensive? Report this reply



Location: Progressive Solutions Required
Posts: 379

14/06/2011 4:14 pm

Perhaps you should write directly to Mr Shapps who assured everyone that such things could never happen.

What is true is that they can not terminate your existing contract, other than by terms of that contract. They can not force you to accept the new contract - but you need professional advice that not accepting does not jeapodise your right to occupy.

You need to speak to a housing law specialist without delay so that the full details can be considered and you can be advised by someone who will be accountable for that advice.

Unsuitable or offensive? Report this reply

Lee Page

Lee Page

Posts: 108

14/06/2011 3:58 pm


I'm not sure of the legal position regarding the first point, but would suspect that you have some form of assured tenancy as your landlord can't offer a secure one.

On the second point it's a little dificult to be accurate without seeing it, but I suspect that the new tenancy has both statutory and contractual rights. As an assured tenant there are two statutory 'rights' that you have lost, the right to buy and the Right to Manage. In addition housing associations are able to use the infamous 'Ground 8' (Schedule 2 of the HA 88) to get possession if you fall into rent arrears of more than 13 weeks (it removes the discretion of the courts to award possession).

What often happens in the case of stock transfer is that the agreements for existing tenants contain a number of contractual clauses to ensure that these lost rights are maintained and that other areas, such as the use of ground 8, are prohibited.

If your ALMO/council has transferred its stock these issues should have been adressed in the Offer Document and picked up by the Independent Tenants Advisor (ITA)

Unsuitable or offensive? Report this reply

Rate this topic

  • 1 star out of 5
  • 2 stars out of 5
  • 3 stars out of 5
  • 4 stars out of 5
  • 5 stars out of 5

You must be signed in to rate.

Post a Reply

You must sign in to rate this topic or make a post

sign in register

Why not register?

Registration allows you to sign up for newsletters, comment on articles, add posts in the forums, quiz our panel of experts, and save articles and jobs in the My IH section.

Register now

Newsletter Sign-up

Most active members

Most recent posts

  • From R R, 27/08/2014 7:39 pm in Service Charges

    In reality this is one area where the private sector is streets ahead of the social sector. I am a local authority leaseholder, but a former director of a large private sector development of over 400 badly built, modern flats. In these flats, the service charge was over £2000 per year, mainly due to s20 notices and planned maintenance that was prescribed in the lease, and, because there was a rich, greedy freeholder looking for opportunities to fleece the lessees, the very letter of the lease was upheld, and where a point was unclear, legal advice was sought.

  • From Johnson William, 31/07/2014 8:53 am in The reason for house price increase in London?

    Hi ,Guys do want ?

  • From Jack walker, 02/06/2014 7:12 am in 109 year continuous private tenancy - any RTB rights ?

    To be honest i did not expereince it cause right now i am working at  but i agree that there is no right to buy .

  • From Brian Booth, 29/03/2014 10:18 pm in The Reasons for Direct Independent Control in Social Housing Decision Making

    This is the second section to the post above beause the first exceeded the word count.

  • From N S, 01/11/2013 4:52 pm in Thread bare threads please

    You could just stop reading the post if it bores/offends you...

  • posted Anonymously, 05/10/2013 11:10 pm in Tenancy agreements

    Hello ... could anyone give advice please.     i am a social ousing tenant ..  i live in in a similar area ...   quite isolated...  new build property   two social housing properties on a owner occupied estate ....   since i moved in i have been the subject unfounded asb complaints ....  over two years my family have sufferred from o/o making remarks to my children  council scum etc and making unfounded or exaggerated complaints that initially had no basis ...  the first being they didnt like the way i drove up the street?   and then about ...

  • From Mr Webb, 02/10/2013 4:36 pm in Does the 'Hastoe Experience' spell the end for Shapps 'Great Idea'?

    I think this one went the same way as putting the homeless onto houseboats - sunk without a trace, but failed to take the originator with it - sadly!

  • From Hassel Lee, 30/08/2013 1:54 pm in Suggestion required for moving home

    I am waiting for suggestions. Is there anyone who can help me out.

  • posted Anonymously, 24/03/2013 3:05 pm in Right To Buy and Mutual Exchanges

    If you are a council tenant and you exchange with another council tenant (doesn't necessarily need to be the same council) you will normally keep the right to buy. If you're council and looking to exchange with a housing association property it may not be the case so be careful. 

  • From Thomas Potter, 13/02/2013 8:35 am in Area Housing Manager Interviews

    No Worries PD, we all have them days

IH Subscription