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Tenancy of flat

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polyanna18 | 09:45 Wed 05th Mar 2008 | Law
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I have been in a 2 bedroom flat for nearly 3 years now through a housing association. My brother has lived with me and his name is on the rent book. He is now thinking of moving on. Where would this leave me. Would I be forced to move to a one bedroom flat. I love it here and do not want to move.

Thanks in advance for any help.
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Check with your Housing Association. I doubt they would be able to move you on but it may affect any benefits you would get as you would be over housed in a 2 bed flat essentially.

Good Luck,

Kate.
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Thanks Kate - I don't really want to ring the housing association yet as I don't want to rock the boat!
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Hi, in reality the HA probably wont move you on.
Although, how would you have felt if you and your brother needed help from social housing and they had said to you "well you can only have a 1 bedroomed place, because all our 2 bedroom places are rtaken up by single people who dont want to move"
What a complete nonsense that would be.
personally i think morally you should be moved on, however my mother in law has been in a three bedroomed place for about 10 years and her kids are 21 and 22 and both moved out when they were 17/18
Polyanna.

Okay hun, ring a different housing association and ask what their rules and regulations are. That way you are getting a feel for your answers without rocking the boat.

Bednobs, I totally understand what you are saying but how would your Mother in law feel if her local council/HA who supplies her housing demanded that she moved into a one bedroomed home, rather than the home she has made her/her family home. Lets face it there are many vulnerable families out there that are in desperate need of a three bedroomed home to whom WOULD NOT be placed in a one bedroomed house no matter whether they were desperate to take it or not.

Since the Right to Buy Laws came in in the 1980's there has been a desperate low stock of Council and Housing Association Properties being available. However, for those who are not aware of this, most local councils these days provide a RENT BOND Scheme whereby if you find a private landlord/lady, the local council will underwrite the deposit and pay for the first months rent in advance to the private landlord in order for vulnerable people to obtain housing.

Katie. xx
i agree, there are loads of deperate families who would want a 3 bedroomed house, which is exactly why i'm saying that polyanna should move out and live in a house appropriate to her means/size of family.
Would polyanna have to pay more in rent to cover for the fact her brother isnt living there? I would imagine the rent would be the same for a 2 bedroomed place, regarding of how many were living in it. if she can afford to pay double then she should look at private renting, as you suggested.
it just makes sense that people are housed appropriately according to their needs, not their wants or desires. You can make a home anywhere, its not limited to one particular house from one HA
If you rely on social housing for you living needs, then you should be prepared to take whats on offer, and what they deem appropriate, not what is desireable to you.

And GGGRRRR dont even get me started on right to buy. What a stupid stupid scheme that is!
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Donna that is a good idea - I will ring another housing association.

I really love it here and as I am disabled I feel I do need an extra bedroom as when I am not so good and need looking after the extra bedroom will come in handy but I am not sure whether the HA will see it like that.

Also Bedknobs, as I am getting on a bit and disabled, I feel the HA is more secure than a private landlord (well hopefully).
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and no Bedknobs, before you say it, I am not going into an old peoples home yet lol
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but if you needed looking after now, there would not be an extra bedroom to do it in, and if in the future you need extra care, then let them rehouse you from wherever you are into something appropriate for you. i dont really see how an extra bedroom will come in handy if you need more care - unless you can fund a live in carer yourself, as most people even the most disabled ones would have peple coming in then going out again to provide their care, so i cant really see where you are coming from. im aware it probably sounds harsh but "beggars cant be choosers"
if you play the system now, what happens when someone who is disabled and who needs the extta room NOW rather than some nebulous time in the future wants somewhere to live? they cant have the extra room because you dont want to move. its just a crazy system!
I used to work in the housing department of my local council so may be able to help. You say your brother's name is on the rent book, is your name on it as well? If it is then you are joint tenants and you should probably ask for the tenancy to be changed from joint to sole. However unless your brother is moving to another property under another social tenancy you don't really have to do this. Assuming you are a tenant of the property, the housing association cannot make you move out just because your brother is. But if you aren't a tenant then obviously they can and your brother would be in serious trouble if he moved out and left you living there and didn't tell the landlord. If you are receiving Housing Benefit you would have to report the change in circumstances and it is possible that they won't cover the rent for a two bed flat for a person living alone - but this depends on how expensive your rent is! Let me know if you want any more info.

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