Council Tenancy??

[Notveryhappy]

I live with my partner and 2 year old child.

The council house we live in has been in my partner and his brothers name for ten years.
His brother no longer lives there as moved out three years ago.

Myself and our daughter are down as occupants.

We went to the council to request that my name be put on the tenancy agreement. They have said no and that if we wanted to put it on, we would have to go to court.

They said that If we re applied for the house in both our names, we could lose it as we were ending the contract my partner and the council have on the property and that then the council can decide whether we stay or leave.


Is this right? We simply want my name on the tenancy, so that if anything did happen to him, myself and my daughter wouldn't be turfed out.

[themas]

1. I'm surprised your partner & his brother ever got a 3 bed house - certainly wouldn't happen in many areas where Council 3 bed houses are in very short supply.

2. The tenancy is still in the names of your partner & his brother. Any change in that (such as his brother taking his name off the tenancy or you asking to go on it) automatically terminates the existing tenancy (that is the law - not a matter where the Council has any discretion) & therefore gives the Council the right to decide whether whoever is occupying the house can have a new tenancy.

3. Assuming the only occupants are you, your partner & the child you do not - under the rules used - require a 3 bed property so the Council would almost certainly refuse to give you a new tenancy. (The additional child will make no difference to this - the rules say they can share a bedroom until (I think) about 10 -12 yrs old.)

4. The same could possibly happen if you go to Court & lose. In fact, I cannot see on what grounds you could succeed with a Court claim because what the Council has told you is simply a factual statement which is a correct one.

5. Best option is to leave everything as it is (including the brother on the tenancy) until you buy.

[bushbaby_de]

Are you sure the Council aren't just saying that you would have to pay the court costs associated with amending the tenancy?

[Notveryhappy]

Thanks Themas.. I will..

Thanks for answers everyone