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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11545
Experience:  30 years as a practising solicitor.
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I know someone who abandoned their( housing association

Resolved Question:

I know someone who abandoned their rented( housing association )flat. Then their son moved in 6 months later, and a year after that purchased the property using one of the right to buy schemes, I know this because the flat was sold for £29.500 which wouldn't be possible without the scheme. It is my understanding that the mother would have had to have been living there prior during and after the sale of the property but was not!. Am I correct that these people should not be living there? What can I do about it?

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Under the current law it is permissible for a tenant to assign their tenancy to another person. That is what may have happened here and the son has then bought the house under the tenancy rights which were assigned to him.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

I live in a housing association property as well, does this mean I can abandon my property for 6 months then assign it to whoever I want?


 


without that person having actually lived with me at the address, and without me having actually lived at the address for 6 months?


 


somethings not right here.

Expert:  JGM replied 3 years ago.
The Scottish Secure Tenancy Agreement is much more flexible that previous ones. However, your point about not living in the tenancy for six months is one which of course the HA may not have known about at the time.
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