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    Council Tenancy Issues

    basically me and my partner have split up and she has moved out but im in a tight spot because the house is rented off the council and it isnt in my name so i was wondering do i have any rights to stay in the house? i would be gutted to leave the house because ive worked really hard doing it up because it was state and its in a perfect location for work and family. any advice or tips would be welcome thanks.

    22 Comments

    Was your name on the tenancy?

    squatters rights.

    just carry on paying the rent as normal, they dont' have to know.

    stephmcd;8950842

    just carry on paying the rent as normal, they dont' have to know.




    +1 :thumbsup:

    Original Poster

    no my name wasnt on the tenancy she was going to put my name on it yadda yadda yadda. i thought about just carrying on paying the rent but she said she was giving notice of 4 weeks.

    Banned

    if you are still on speaking terms can she not put you as a joint tenancy because at the mo as soon as they find out you will be told to leave

    stephmcd;8950842

    just carry on paying the rent as normal, they dont' have to know.



    But problem is she might apply for another council flat - and when a couple split up there is normally some bad feelings lingering..............................plus, if she wasnt working and getting her rent paid - and lover boy here was staying but his name not on tenancy, things not looking good

    fulkontakt;8950861

    no my name wasnt on the tenancy she was going to put my name on it yadda … no my name wasnt on the tenancy she was going to put my name on it yadda yadda yadda. i thought about just carrying on paying the rent but she said she was giving notice of 4 weeks.



    can you ask her not to do this , therefore keep the property on in her name , and as long as you dont default in payments and you two stay amicable then should be ok ;-)

    shopstilldrops;8950958

    can you ask her not to do this , therefore keep the property on in her … can you ask her not to do this , therefore keep the property on in her name , and as long as you dont default in payments and you two stay amicable then should be ok ;-)



    But then how would she get a new flat?

    Lesson learnt.....if you are not married or the house is not in joint names, then you're dead.......what rights do you have???....nothing , council don't care if you did it up or not, they just want it back!!!....:?

    You could take the house over, providing you've lived there for more than 3 month's. providing it's not too big or small for your needs etc.. i,e under occupied although their is some leniency.

    It may differ from Council to council.

    I wanted to take over my mums 4 bed when she left but I'd not been living there..!!!

    Go to the council and explain the situation to them. I'm sure they'd rather have someone in the house paying the rent regularly then having it empty and then having to do it up for the new tenants.

    bossyboots;8950972

    But then how would she get a new flat?



    I know , but without the ins and outs it hard to say !, dont know if the ex gf is going to go for another council flat:thumbsup:

    intergeri;8951065

    Go to the council and explain the situation to them. I'm sure they'd … Go to the council and explain the situation to them. I'm sure they'd rather have someone in the house paying the rent regularly then having it empty and then having to do it up for the new tenants.



    Pipe dream.

    thesaint;8951146

    Pipe dream.



    Helpful as ever. :?

    In London or South East/West there's high demand for housing. If you are left with children or are vulnerable ie. severe mental ill-health or disability they will undertake assessment and if it looks like they'll have to house you if you applied for housing after eviction they will normally allow you to stay if property meets your needs ie. bedroom size, or move you to smaller property if it doesn't. (It doesn't make sense to cause you aggravation and for them to pay to evict you if you'd be entitled to housing anyway.)

    If not vulnerable, they'll normally want possession of property to enable them to let to those in housing need. Other option is matrimonial homes act etc. but this is dependent on how long you lived at property, if you were married etc., under this you can request a property transfer order but they can be difficult to obtain and you'd need to look into or get legal advice - this is the formal way to transfer and she wont be held responsible for giving you the tenancy. If you're on talking terms she could assign the tenancy to you but it depends on how long you've lived there, if it meets your needs etc.. She may well be aware if she voluntarily passes the tenancy to you in any way, this may affect negatively any future applications she makes for social housing.

    If you live in an area of low housing demand they will be a lot more flexible - look on their website for their policies/demand for housing etc..

    has she been paying the council tax as a single resident ? - if no and you have proof that you have lived there for a certain period of time (im not 100% sure of the length of time sorry) then you have the same rights as her i believe irrelivant of if you are married or not. If she has been claiming single allowance there will be no notification of you living there and therefore you have no rights whatsoever.

    Banned

    shibi din;8951197

    Helpful as ever. :?



    Might not be exactly helpful but sure is spot on, I also have a sneaky suspicion that the op's OH was claiming housing benefits ????


    If this is the case the council will be very interested in discussing his options with him

    Ok well i am not on the tenency agreement.However, if me and my partner split, they would change the name over to the person who was still going to live in the house, but i think this is because we have children so may be different

    Banned

    Considering you had been living their without the councils knowledge or permission you may stand little chance of getting the house. There may be others on the waiting list in more need of it who have gone through the correct channels to try get a house.

    If your ex girlfriend is going for a council house herself then they will immediatly find out that you aren't there with the councils knowledge. But if your ex girlfriend isn't going for one try get her to put you on as a joint tennant then get her name taken off shortly after. But as your circumstances are different to hers they may think you don't qualify for the house and offer lesser accommadation

    GL with it all though

    when my nan moved out of her flat my uncle - her son took it over and to this day still pays the rent and that was 10 yrs ago or more in tower hamlets.

    tower hamlets had and may still have a policy where they will pass it down the family twice therefore if your child lives there when you die they can take the tenancy and if the child dies their child can take the tenancy
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