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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11139
Experience:  30 years experience in property law.
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Assignation of housing association tenancy in Scotland. For

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Assignation of housing association tenancy in Scotland.
For the past 18 year I have been living in the same house with my parents due to my mums health deterioration and step father having to subsequently become her carer. Time has come for them to move into a secured disability housing and they will be doing so within the next couple of months.
The house i'm in is a 3 bedroom house owned by a housing association in Scotland. I have been informed by Citizens advice that I am classed as a 'Qualifying Occupier' as my parents are the joint secure tenants. I was advised that I should try and get the tenancy assigned to my self. This has left me with a couple more questions that I feel a lawyer would be more suited in answering.
For the tenancy to be assigned to me would both parents have to agree or just one? i.e could my mother assign her tenancy to me or would both have to assign it.
We moved into this house via an exchange 18 years ago, does that effect / nullify the chance of assignation?
Is there some official paper work that housing associations have that has to be requested or is does a generic letter information the housing association request of assignation good enough?
Would the house being a 3 bedroom and me being a single male effect the chances of assignation?
What happens if my parents inform the association that they are leaving before I have had a reply back. Would the application be null and void or would it still be valid since it was 'put in' before change of circumstances etc.
If I am unable to go for assignation, what other routes do I have. Could I try for a joint tenancy or something similar? Any down falls of that? i.e would that extend the length of time my parents have to stay in current house?
Any further help or advice regarding my rights / possibilities to stay in this home would be greatly appreciated.
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
For the tenancy to be assigned to me would both parents have to agree or just one? i.e could my mother assign her tenancy to me or would both have to assign it.
A. Both have to assign where there is a joint tenancy.
We moved into this house via an exchange 18 years ago, does that effect / nullify the chance of assignation?
A. No.
Is there some official paper work that housing associations have that has to be requested or is does a generic letter information the housing association request of assignation good enough?
A. Most have an application form. The information sought is generally:
the details of the tenant who wishes to assign her/his tenancy;
the address of the property;
the name of the assignee, who is the prospective tenant; and
the date of the proposed assignation.
If the tenant is to receive any payment for assigning the tenancy, details of the payment should also be given.
If the tenant is a joint tenant, they must get the written permission of any other joint tenants. If the tenant is married, or has a civil partner, they must get the written permission of their spouse or civil partner.
Would the house being a 3 bedroom and me being a single male effect the chances of assignation?
A. That's not relevant.
What happens if my parents inform the association that they are leaving before I have had a reply back. Would the application be null and void or would it still be valid since it was 'put in' before change of circumstances etc.
A. Your parents should not take steps to terminate the tenancy where you are applying for an assignation as that could stop you being able to apply for assignation.
If I am unable to go for assignation, what other routes do I have. Could I try for a joint tenancy or something similar? Any down falls of that? i.e would that extend the length of time my parents have to stay in current house?
A. There's no reason why you can't get an assignation.
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