tenancy issues

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    tenancy issues

    Hi there,

    I am new to this forum.

    Our family moved in to a housing association property around 24 years ago. We were given assured tenancy. Our tenancy states Mr and Mrs “xxxx” and x children as tenants. Tenancy was signed by landlord and my dad. My parents were separated recently. Hence my dad has informed this housing association as my parents always considered the tenancy as joint. Now landlord states that we need to do a new tenancy. But they want to make my dad as sole tenant and make children as occupants. They think inclusion of children as a mistake. They cite single signature (my dad) as of reason for mistake. Anyone able to advice?

    #2
    If it is not too late, change the subject to something like "Family breakup and HA Assured Tenancy".

    Surrendering an Assured Tenancy is not something to do lightly!

    Comment


      #3
      Thank you for your response.

      What I don’t understand is if HA is arguing this is sole tenancy ( due to single signature). Then why do we need to change the tenancy as no change has occurred..

      Comment


        #4
        For Reference. OP thread on same subject https://forums.moneysavingexpert.com....php?t=6014277
        Thunderbirds are go

        Comment


          #5
          Originally posted by Jonathan1205 View Post
          Thank you for your response.

          What I don’t understand is if HA is arguing this is sole tenancy ( due to single signature). Then why do we need to change the tenancy as no change has occurred..


          As I posted on MSE

          If CAB view is it Joint, then the tenancy which started in 1995 would just carry on under your father name.

          I suspect they may be a succession right for eldest child in event of father death and HA are trying to take that right away.

          Your Father does Not and cannot be forced to sign a new tenancy agreement, they cant evict you for not signing a new TA.

          As CAB advised a solicitor may be next step. https://www.lawcentres.org.uk/


          ,
          Thunderbirds are go

          Comment


            #6
            Go see a specialist solicitor, sharpish.

            Did your parents get the tenancy assigned to your father+children, or just father when the divorce went through (by court order or otherwise)? If not, your number one worry is not actually your landlord, but whether your mum may at some point serve a notice to quit that ends the tenancy for everyone.

            In the mean time, don't sign anything!
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by Jonathan1205 View Post

              What I don’t understand is if HA is arguing this is sole tenancy ( due to single signature). Then why do we need to change the tenancy as no change has occurred..
              My understanding is:

              The tenancy is separate from the tenancy agreement and any signatures thereon.

              The tenancy is granted when the LL gives possession of the property to the T (and possibly dependent on the payment of some rent).

              The tenancy agreement records the terms of the tenancy (primarily for use in case of dispute).

              Signing the agreement simply acknowledges that the the signing party agrees that those are the terms agreed for the tenancy.

              If no one signed the agreement, but the LL provided the agreement as the terms for the tenancy and the tenancy then proceeded, then the T can rely on those supplied terms.


              So, whoever it says is the tenant IS the tenant and the tenancy continues until either side properly terminates the tenancy (this can be done by any named tenant serving valid notice to quit).

              Comment


                #8
                If "x children" is a number, then it's legally a nonsense.
                Even if "x" is a list of names, children under 18 can't be tenants in any case, so I'd agree it's a mistake.

                Presumably the "children" are now adults.
                Tenants have both rights and responsibilities, so there's no one size fits all to who should be a tenant and who should be an occupant.

                You should see a solicitor.
                Any new tenancy with your father only will be a new tenancy (which has positives and negatives) and only your father can decide if it's something they want to do.
                As the (now departed) partner has obligations under the tenancy, if they take legal advice they may serve notice, which would leave your father with fewer options.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  children under 18 can't be tenants in any case, so I'd agree it's a mistake.
                  https://england.shelter.org.uk/legal...ies_for_minors
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment

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