Council tenancy assignment
09/07/2012 4:11 pm
Hi, im currently living with my mum in a council 3 bedroom maisonette, she will be soon buying her own house and moving away, i am going for a assignment as i have been living here for more then 12 months and and she has always been the sole tennant and has been for around 25 years,
Im quite worried about it being refused as under occupancy as i am single..
ive spoken to shelter and have had quite conflicting advice..
Im pretty sure ill be refused because of under occupancy.. so what will happen next? many thanks for your help on this matter..
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10/07/2012 12:11 pm
So Dazza, are you saying that your mum, as the sole tenant of a 3 bed house for 25 years, sub letted the 2 spare bedrooms?..and your Mum was able to buy her own house with the profit she made by sub letting? - then a year or so ago, you moved in and want to repeat this scam while a family of 5 suffer?..or have I got this totally wrong? either way, it shows how the scandal of single people of any age, living in a 3 bed, needs to stop.
Not sure what will happen to you Dazza, maybe be offered a hard to let 1 bed or bedsit, as if to pay for the sins of your mother so to speak.
Not sure if this story rings true to be honest?
10/07/2012 2:31 pm
Either your mother gives notice or the Council serves a Notice to Quit. Your mother will give vacant possession or they will start possession proceedings.
10/07/2012 3:52 pm
There are a number of concerns you will have and the Landlord will have.
Obviously, you don't want to end up homeless and you are right to be concerned about the assignment of your mothers tenancy.
It is unlikely, in this current climate that the landlord is going to give a single person a 3 bed property. It may also be seen to others that you would be jumping the housing waiting list as you haven't had to bid for the property or join the housing waiting list.
If I were you, I would speak to your mothers Housing Officer and if it seems unlikely the landlord will let you stay in your mothers property, or move you to a one bed proeprty , get the details for the local housing advice centre and speak to them.
10/07/2012 10:36 pm
Anonymous.. im not here for fraud im here to seek help and advice..
You are completely wrong.. i meant my mother has been the sole tenancy holder.. i didnt stay she lived on her own in a 3 bed.. of course my mother, my sister and myself originally lived there and i lived there up to the age of 21 and returned home about 4 years ago due to a relationship breakdown and suffering severe depression.
My mother and her partner have both lost both their parents in the last few years and has put them in a position through inheritence to buy their own property..i have only discovered about assignment over the last few weeks and i mearly asked for advice there is no scandal here.
Thank you for all that have replied although im getting alot of different advice from alot of places all saying different things.. i would be more then happy to be put in a one bedroom.. i just want to know if i have a chance.. Many thanks
13/07/2012 10:07 am
I suggest that instead of doing anything with the council you just ask your mother to swap her property for for a one bedroom or two bedroom flat. Look around or ask advice how to go about wapping properties. Three bedroom properties are much in demand so you will not have any problem in finding people to swap with. Once you swap into a one or two bedroom flat there is more chance that you will stay there when your mother moves on.
13/07/2012 12:15 pm
An excellent suggestion from tenantplus...but make sure you ask the potential assignee's landlord about their policies toward assignment.
31/07/2012 6:00 pm
You have no right to a 3 bed property whilst 4 person families sleep on their sofas in 1 bed flats. Selfish in the extreme.
14/09/2012 11:38 am
That isn't an axcellent suggestion from Tenantplus at all; if your mother does a Mutual Exchange then she loses the right to assign it to you.
The size of the property isn't usually something that a Local Authority can take into account when deciding wither to allow an assignment. It could be refused on the grounds of rent arrears, previous Anti Social Behaviour by yourself, or if it's had major adaptations (for a disabled person) done.
If your mother does a Mutual Exchange to a 1 bed property and then gives notice to end her tenancy then it's unlikely you'll be given the property. That would be skipping the waiting list.
Obviously there's a contrast between housing law/tenants rights and what's morally right. There's some judgmental people here, which is perhaps understandable with the shortage of family homes available to Local Authorities and Housing Associations, but realistically, how many of us wouldn't fight to stay in the 3 bed property we grew up in, rather than move to a one bedroom flat.
21/09/2012 2:30 pm
hi can you help me i want to do a council exchange i live in a three bed massinete with three childrem 2 girls 11 and 6 a baby boy 5 months no garden found someone to exchange with a two bed house with garden i know on my side its ok cus council told me 2 girls under 16 can share and under 1s are not classed as a person just wondering on her part would bham city council let a women on her on exchange into a three bed massinete she suffers depresion and made enemys with her nabours ive been on council list 11 years so want a house even if i have 2 give up a room what are the chances of a direct exchange going thow please help
21/09/2012 5:10 pm
I am not sure what your mother's plans are but have you or/mum considered exercising the right to buy. As your mother has been there for over 25 yrs she would qualify for substantial discount up to 75k. This option would ensure your security. You may purchase property with mum by registering an equitable interest, if you contribute etc speak to a solicitor.
Alternatively, with savings from the right to buy you may jointly consider purchasing another property jointly as well!
The issue regarding assisgnment is that it is up to the council, but cannot reasonably refuse particularly if it is your principal home. However, this is unlikely if the home is considered too big. Best bet would be speak to the housing officer and see if you can register for housing as well.