Housing Tenancy Transfer?

[EDDIE51]

We have a Housing association house, have been in it for 39 years. Assured tenants.
Can we transfer the tenancy to my son?
He moved out to a house share , but is having problems with the other people who live with him.
If he moves back can we transfer our tenancy to him he was born here and lived here for 21 years.
What are the implications ? Would he 'inherit' our right to buy the house at a discount?
I realise some may say this is unfair ,but I think a prospect of giving him a house where he can purchase it at a large discount may be the only chance he ever has of getting on the 'housing ladder'. We live just outside Cambridge by the way where house prices are 'through the roof'

[Peter Pedant]

2016 minus forty years is ... 1976

Blimey you might be prior the 1977 change in legislation
I can confidently say that if you are on your original tenancy from 1976 then there is no one here ( bar Ubasses perhaps ) who has the fainted idea of inheritance of tenancies from that time ago

I only do the 1988 Act and I am virtually sure that that doesnt cover you ( unless you of course signed a new lease )

I mean you must have at least a protected tenancy under the 1977 Rent Act. I dont know what it was before that or waht the rights are

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf

Shelter or CAB I think are your first stop

[Peter Pedant]

Oh it looks like the 1956 Rent Act which I have never heard of
obviously your original lease will assist those advising you

[Peter Pedant]

well an answer of kinds may be here depending on your lease and start date

http://www.landlordlawblog.co.uk/2011/07/19/the-rent-act-1977-in-context/

and the succession rule applies if the child is living with you on your death.
I am not sure if you have to shoot Mrs Eddie first- sorry ed to be flippant about all this

[wolf63]

This may be a stupid question - can't you not add your son onto the tenancy when he moves back in? 3 tenants ?

[EDDIE51]

Tenancy started 7/7/1977 . I always remember that 7777.
We were originally council tenants so our 'right to buy' is transferred to the housing association.
The discount is fixed at £77,900 no matter what the market price is, but it is increased every April in line with' cost of living index'
I have already established that the tenancy can be inherited once, not sure if the right to buy is also inherited with it.

[EDDIE51]

Some good points raised. The plan will be that we apply for the mortgage with my son as guarantor and an agreement that he can live with us rent free as long as he is paying the mortgage. That as far as I can see sorts out all the problems.
The mortgage company do not give a damn who pays the mortgage as long as it gets paid, there is equity in the house to pay off almost the entire loan .The housing association do not care where the money comes from as long as they get paid.
If the very worst did happen we would be out of the house but with at least £70,000 in the bank. We would then use that to rent a private retirement apartment.