Joint Tenancy Assignement Succession
06/12/2011 2:39 pm
My folks had a joint assured secured tenancy. I'm the son and live with them with proof being there, voting etc for over a year.
Requested a tenancy name replacement when one parent got sick, to replace them with myself (son). HA said NO, because they had incidences of the new joint tenant then throwing the old frail elderly tenants on the street. Son would however, be given a transfer starter tenancy if continued to live there and qualifed.
A different housing officer also advised (unofficially and stated that she shouldn't be telling me), but that if we requested a name switchover from the deceased to the son, under assignement rather than succession, when we were submitting the death cert of a joint tenant, that the tenancy change could happen at that point and change to the remaining parent and son.
This was done and a sole succession was put inplace rather than our request.
Was the assignement request at the time of death, along with the letter requesting the joint tenancy switch from the deceased parent to the son and the remaining parent correct?
Secondly, were the HA correct to block our initial request of the joint tenancy change at the outset?
Thirdly, how can a joint tenant succeed themselves to become a single tenant when the only change is a removal of a person?
Not sure what the next step is, or the legal position, expert advice appreciated.
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08/12/2011 2:43 pm
I can answer part of this but someone else will probably need to fill in the gaps or correct me. Firstly though, you said it was an 'assured secured tenancy' - the tenancy is either Assured or Secure and each one comes with very different rights. You will need to clarify that for anybody to be able to answer.
I am of the opinion, and anyone else should feel free to contradict me, that a Housing Associations interests in this situation should be to protect their tenants from being taken advantage of, and to protect the property from being passed around the family several times before it is actually returned to them to reallocate it to a family in housing need. I personally think that they made the right decision in protecting the tenant. As a joint tenant, you would have the right to end the whole tenancy and leave your parent homeless so they will have taken this into consideration. I believe that this type of assignment is at their discretion.
I think your second point is answered by the above aswell.
In answer to your third point, when one tenant dies, the remaining tenant succeeds to the tenancy - that is the law and it happens with every tenancy agreement. The tenancy can only be succeeded once meaning that there can be no further succession once one joint tenant has passed away.
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