Thursday, 28 August 2014

Can I move my son in?

Posted in: Need to Know | Ask the Experts

12/11/2011 3:36 pm

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12/11/2011 4:59 pm

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deb smith

deb smith

Posts: 3

12/11/2011 5:31 pm

Why on earthy not? He's my son and there is an extra bedroom! Used the search function and can't find anyhting on this matter! Are you an expert or just someone whpo thinks they know! Not to worry, will contact my housing direct for an affirmative answer!

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12/11/2011 7:08 pm

Don't listen to Nonny at 4:59pm - they obviously have no idea what they're talking about.

The first place you need to look when you have any questions related to your contract is your Tenancy Agreement. It is a legal contract between you and your landlord and sets out very clearly your rights and obligations.

For example in my Tenancy it states: 'A member of your family who has been living with you for the period of 12 months at the time of your death and who occupies the Premises as their only or principal home will be entitled to succeed to the tenancy..'

So basically you do not put your son jointly on the agreement, his rights start when he has lived there as his main home for a period of time.

You need to make sure that by moving him in it doesn't affect any benefits you might be getting, for example Single Person Council Tax discount will no longer apply to you. Also if you get Housing Benefit they need to know his income details.

And please make sure you contact your landlord (IN WRITING) and give them his name and age. In my Tenancy it states I just need to provide them the name and age of any intended lodger, which technically he will be.  

Hope this helps....

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deb smith

deb smith

Posts: 3

12/11/2011 8:34 pm

Thank you very much for being so helpful! Your reply does help indeed...again, thank you for taking the time to respond!

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14/11/2011 8:24 am

I usually advise my tenants against adding family to their tenancy agreement. Legally, the only way to then remove either name from the tenancy is by ending the whole tenancy which leaves any remaining tenant without a tenancy and possibly without a home.

You should contact your landlord in writing and ask for permission for your son to live with you, providing his full details. You should also check what rights he has in the event of your death, usually after 12 months of residing there he will have a right to the tenancy in those circumstances anyway (the tenancy, not the property - succession could mean he is offered a one bedroom property in the area if he only has a one bedroom need)

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16/11/2011 1:41 pm

There is no completely correct answer that anyone on this site can give you as the answer depends on a number of things that your Housing Officer can confirm and your current property which you haven't specified.

Firstly it depends on the type of property. I note that you say that you have a spare bedroom so that's one tick in the box. If it is a sheltered property for example then it is unlikely that you would be given permission for your son to move in.

As far as putting your son onto the tenancy then many housing providers have a policy in place that does not allow for adult children to be added to their parents tenancy. Others require any additional tenant to be residing in the property for a period of time, usually a year, before they will consider adding them to the tenancy agreement. So this answer depends on your providers policy.

A previous poster also pointed out that you need to be careful if you are claiming benefits as you will lose some benefit if your son moves in, how much depends on his circumstances. Your HB team would be able to give you an idea of how much you would lose.

The best way forward is to start with an informal chat with your housing officer who will be able to advise you of current policy etc, and with your HB team if you are claiming HB. If you can go forward then your housing officer will be able to assist you with this, but a simple application in writing is the usual way to ask formally.

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Expert post

Abimbola  Badejo

Abimbola Badejo

Posts: 120

16/11/2011 2:30 pm

You need your landlord to agree to this. A council may not agree as it amounts to an allocation which must comply with their allocation scheme.

If the landlord agrees then what will happen is that you surrender (I.e. Give up) your current tenancy. The landlord will then grant a joint tenancy to you and your son who I assume is over 18 years old.

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