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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am tenant with a housing association since 1996 and moved

Customer Question

I am tenant with a housing association since 1996 and moved in with my 2 sons. We don't claim benifits but I am thinking of moving out but don't want my son of 26 to loose his home. I am the sole tenant but what are his rights to stay in his home? I am planning to marry but no mortgage planned

Rgds
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you spoken to the Association about assigning the agreement please?

JACUSTOMER-usdycagm- : No
Alex Watts :

I would speak to the Association.

Alex Watts :

Normally a tenancy can only either be assigned with consent of the Association or what is called succeeded.

Alex Watts :

In order for there to be a succession the person named on the tenancy has to die.

Alex Watts :

Then whoever remains needs to be related and have been there for 12 months.

JACUSTOMER-usdycagm- : Yes,in am aware of both these terms
Alex Watts :

But succession can only happen once.

Alex Watts :

If there is no succession because the tenant has not died then you can only ask for the tenancy to be assigned.

JACUSTOMER-usdycagm- : I thought succession was in death
Alex Watts :

Yes it is

Alex Watts :

That is what I am saying a tenancy can only be assigned or a succession

JACUSTOMER-usdycagm- : What if they say no
Alex Watts :

If they say no then you must rely on any right in the tenancy agreement.

JACUSTOMER-usdycagm- : Ok thank you
Alex Watts :

If the tenancy agreement does not allow for it to be assigned then in law there is nothing you can do

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-usdycagm- : My old housing association gave me to another one 2 years ago, when I was talking to my old one they didn't think this to be a problem ...the new one says my rights remain the same , would this apply to any agreements with the old one?
Alex Watts :

Again, you need to check the contract. It needs to say it can be assigned.

Alex Watts :

If not, then you can not.

Alex Watts :

Please remember to leave feedback before you go today

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please do remember to leave feedback before you go today

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