Housing Associations Tenancy agreement
13/04/2010 9:30 pm
My mum and dad living in a 3 bed rooms house (London and Quadrant housing association) for last 25 years (the tenancy is by both names), then my dad passed away 5 years ago, the time he passed away I moved to my mums house permanently because I am a son and a carer to my mum at the same time(looking after my mums disability) which the house is my main place to live, and all bills are by my name.
a few months ago my mum applied with housing association to add my name to the tenancy(join tenancy), the housing officer first was agree if I showing her a proof that I was living there for my last 12 month .
Then the housing officer changed her mind and told me I can live in the house with my mum like AN AUTHORISED person. not like a join tenancy because when my dad passed away the tenancy automatically passed to my mum, and there is just once people can passing tenancy to there’s partner .
I am really worried about our houses future, if some thing happens to my mum in the future probably they will ask me to move to other place which I don’t want that at all, because the house is my home and I have a lot of memory about my mum and dad. Please advice what shall I do from now?
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14/04/2010 8:56 am
Personally speaking, when I was a housing manager we never treated the death of a joint tenant as a succession, but equally I wouldn't have let you become a joint tenant either, as following the same logic as the first death, that would still mean there still hasn't been a succession upon the (eventual) death of your mother, but you would then be able to succeed.
Providing you can prove your residency at the property then you should be OK to succeed the tenancy, although they may make you accept a smaller property as you'd be underoccupying.
The initial view they've taken, that your father's death has resulted in a succession to your mother, I believe is one you could challenge, I hate to say it, but it could even be one for the Human Rights act and the right to a home.......
14/04/2010 2:14 pm
The death of a joint tenant is known as Survivorship, and is different from succession. It does however prevent any further successions taking place after the death of the remaining joint tenant.
Even if a succession was allowed, it is highly unlikely that you would be allowed to remain in a three bedroom house on your own.
14/04/2010 10:39 pm
Cross generational tenancies are very rare, the HA isn't obliged to make you and your mother Joint Tenants. There has already been one succession of tenancy, the joint tenancy between your mother and father. to the sole tenancy of your mother. They aren't obliged to offer another succession, but they do have the discretion to grant a further succession in the event of your mother's death. If you would be under-occupying, they may offer you the tenancy of a smaller place.
16/04/2010 4:39 pm
sarah23 has given the right answer above. succession doesn't happen when one of two joint tenants dies so long as the remaining joint tenant is still in occupation as her main or principal home - passing on of the tenancy by virtue of survivorship was what happened.
18/04/2010 8:36 am
Where a tenant has a joint tenancy with his or her spouse or civil partner, he or she will become the sole tenant on the death of his or her spouse or civil partner. This is known as survivorship and is regarded as a succession. Therefore, no-one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. Again, this does not prevent a landlord from granting a new tenancy if it chooses to do so.
19/04/2010 10:48 am
again what tafftail has added to sarahs conmment is correct, however i would also point out that it is highly likely they (HA) would ask you to move due to underoccupying regardless of discretionary grant of a new tenancy.
19/04/2010 5:41 pm
But the house is my only home, how can they remove me from the house which the house is my home...was my dad and my mums only place??? and i am my mums only carer
Can you look at my housing associations policy/aggrement below:
If the tenancy does not pass to your spouse or
a member of your family under clause 2 above
and you are not a successor, we will consider
whether to offer a new assured tenancy of the
property or of another property to anyone who
was living with you before your death for at least
a year and who had been looking after you or
had accepted responsibility for looking after
If more than one person is entitled to succeed
to your tenancy under clause 2 above, then if
one of those people is your spouse, he/she will
sucshould agree between them which of them will
claim the tenancy. If they cannot agree, then we
may decide who the tenancy will pass to.ceed. Otherwise the members of your family
20/04/2010 9:24 am
while you are caring for your mum they wont ask you to move as she is the remaining tenant after the survivorship.
the issue will be if, as you state, something were to happen to your mother, the remaining tenant.
you would not be eligible for a second succesion and it is highly unlikely the landlord would grant you a discretionary succesion as you would be underoccupying by 2 beds, therefore they may grant you a new tenancy in your name but would enforce a move to a 1 bed unit.
it is a murky area this as tenants rightly feel agrieved as the property is your "home" sadly it is the property of the landlord and it will be allocated according to need, which would be a family unit.
however you are in a position to ask for assistance to move to a good one bed unit (they may impose a timeframe on this) and if they offer you a tenancy in your own name you may get additional points (if they use a bidding system) or money for giving up the larger unit.
from the brief extract you have posted this would certainly seem to be the case, each case is different however so as i stated earlier, i would consult your local CAB aswell.
22/04/2010 11:49 am
The housing association are correct in refusing to add your name to the tenancy. They cannot simply add and remove names to tenancy agreements. To add your name to the tenancy agreement your mother will have to give up her tenancy (known in law as a surrender) and the housing association has to accept that surrender before it can grant a joint tenancy to you and your mother. I think it highly unlikely that any housing association will wish to do that simply because that will create another right to succeed to the tenancy if anything were to happen to your mother. The property is also a three bedroom property which you will end up occupying on your own if anything were to happen. Most landlords are unlikely to allow such a situation to occur. The association should however have a discretionary carer's succession policy but that will only give them the option to transfer you to a smaller property and not allow you to remain in a 3 bedroom house. This may all seem harsh but it is important to remember that we are dealing with social housing here which is in very short supply and demand significantly outstrips supply.
10/05/2010 7:34 pm
I cracked the bathroom sink. How much payment am I responsible for? I rent privately.
11/05/2010 9:40 am
Sue - generally speaking if you are a private tenant in a private landlords property you would be liable for the full cost to repair / replace something you broke.
however it should state in your tenancy agreement, some landlords i have dealt with in the past payed for labour but not parts for example.
11/05/2010 11:04 am
Thankyou proman :Sue