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picHOUSEHOLD CHANGES

  1. Your Enquiry
  2. Joint Tenancies
  3. Lodgers
  4. Death - Succession of a Tenancy

Your Enquiry

Who can live in my home with me?

Any members of your immediate family may share your home and you can take in lodgers provided it does not cause overcrowding. See Lodgers below. You can sub-let part of the home (not the whole) but you will need to ask for our approval in writing. See TENANTS' RIGHTS. You should be aware that you would be responsible for all legal aspects of a sub-tenancy including the behaviour of your sub-tenant. Income from lodgers or sub-letting can affect any benefits you receive. Contact the Housing Benefits Office.

What if my household size changes?

If your family increases or decreases in your present home, you may apply for a transfer to a larger or smaller home or register for a mutual exchange. See APPLYING TO MOVE. You should be aware that, if your household size changes, this may affect any benefits you receive. See HOUSING BENEFIT and inform the Housing Benefits Office.

What if I get married or have a new partner?

If you get married or want to share your home with someone else after you have applied for housing or during your tenancy with us, we may allow him or her to become a joint tenant. We will investigate their present housing situation before agreeing to the joint tenancy. See Joint Tenancies below.

What if my partner leaves the home or wants me to leave?

Your rights and options depend on whether you are named as a tenant on the Tenancy Agreement, whether you and your partner are married and whether you have children living with you. See FAMILY (RELATIONSHIP) BREAK-UP.

Who can take over my tenancy when I die?

If you have a joint tenancy, it will automatically remain with the other tenant(s). Otherwise your husband, wife or partner, or other members of your household may have the right to take over the tenancy if they have been living with you. See Death - Succession of Tenancy below.

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Joint Tenancies

A joint tenancy is when more than one person is named in the Tenancy Agreement.

Partners (married or unmarried) or single people sharing a home can have a joint tenancy at the beginning of a tenancy.

Each tenant is jointly and individually responsible for the tenancy. This means:

Each tenant has equal rights. This means:

The tenancy can be ended by any one of the joint tenants in writing. When this happens:

We may grant a new tenancy to the remaining tenant(s) for the same property. See FAMILY (RELATIONSHIP) BREAK-UP.

 

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Lodgers

A lodger shares your home as a member of your household eg they do not have their own separate living room or kitchen and may eat some meals with you.

If someone has exclusive control over a part of your home they are a sub-tenant. See TENANTS' RIGHTS.

 

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Death - Succession of Tenancy

When a tenant dies, the tenancy will automatically pass to any joint tenant(s), or it can be taken over by the husband or wife if he or she is living in the home at the time of the death.

If there is no joint tenant, husband or wife, then the tenancy may be taken over by a close member of the tenant's family, or a partner who has been living with the tenant provided he or she was living with the tenant at the time of the death and for at least 12 months before. Anyone who takes over the tenancy in this way is called a successor.

If more than one person qualifies as a successor and they cannot decide between themselves, the Council will make the decision.

In certain circumstances, we have the right to re-house a successor in more suitable housing but they will still be a Secure Tenant.

When a tenant dies who was him or herself a successor, the tenancy cannot automatically be transferred again.

However, where this happens we will consider the circumstances of anyone remaining in the household and may consider offering them a new secure tenancy in more suitable housing to meet their housing needs.

If we decide not to grant a new tenancy, the person(s) concerned may make an appeal. See COMPLAINTS.

Your right to buy the property passes on to your successor. However, that successor cannot pass it on again.

See TENANTS' RIGHTS.

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Your Enquiry | Joint Tenancies | Lodgers | Death - Succession of a Tenancy

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